Praveen S/O Mallappa Hakki Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER (ACCUSED) IN THE EVENT OF HIS ARREST IN CRIME NO. 81/2024 OF HAVERI WOMEN POLICE STATION, ALLEGING UNDER SECTIONS 376(2)(n) OF IPC, SECTIONS 4 AND 6 OF POCSO ACT-2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT-2006 ON THE FILE OF FAST TRACK COURT HAVERI.

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NC: 2025:KHC-D:4308 CRL.P No. 100071 of 2025

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri L. S. Sullad, learned counsel for the

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petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent Nos.1 and 2.

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Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with following prayer:

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"Therefore, this Hon’ble court may please to grant anticipatory bail to the petitioner (Accused) in the event of his arrest in Crime No.81/2024 of Haveri Women police station alleging u/s 376(2)(n) IPC, Section 4 and 6 of POCSO Act-2012 and Section 9 of the Prohibition of child Marriage Act-2006 on the file of the Fast Track Court, Haveri, in the interest of justice and equity. "

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Petitioner is shown as accused of the offence

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punishable under Sections 376(2)(n) of the Indian Penal Code (for short, ‘the IPC’), Sections 4 and 6 of Protection of Children

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from Sexual Offences, 2012 (for short, ‘the POCSO Act’) and Section 9 of the Prohibition of child Marriage Act-2006.

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Admittedly, petitioner was not available for the investigation agency and as such charge sheet came to be filed. According to the petitioner, there was a love affair between the petitioner and the victim girl and they are now married and they are having a child. Taking note of the developments in the matter, petitioner if directed to appear before the trial court and face the trial for the charges leveled against him, ends of justice would be met without discussing further on merits of the matter.

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Accordingly, without further discussion on the

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merits of the matter, following order is passed.

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ORDER

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i. The petition is allowed .

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ii. Petitioner is directed to join the investigation on 14.03.2025 . He shall also appear before the trial Court on the next date of hearing.

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NC: 2025:KHC-D:4308 CRL.P No. 100071 of 2025

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iii. The Investigating Officer is at liberty to take the petitioner to custody and complete the custodial investigation, if any, including to potency test of the petitioner and complete the custodial investigation on the same day and thereafter, the petitioner be enlarged on bail by taking a bond in a sum of Rs.1,00,000/(Rupees one lakh only) with one sureties for the likesum. If any incriminatory materials are found against accused, investigating officer is at liberty to file additional supplementary charge sheet against accused.

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