Kallappa S/O. Subhash Munavalli, Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. 1973, SEEKING TO ALLOW THIS CRIMINAL PETITION AND PENDING BEFORE ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, DHARWAD IN SC NO.72/2024 GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED NO.4 IN THE EVENT OF HIS ARREST IN CR.NO.61/2013 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 4, 5, 6 OF IMMORAL TRAFFIC ACT, AND UNDER SECTIONS 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 BY THE SUB-URBAN POLICE STATION, DHARWAD.

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NC: 2025:KHC-D:4235 CRL.P No. 100396 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. Basavaraj K. Mathapati, counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent.

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2. Petition under Section 483 of Bharatiya Nagarik

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Suraksha Sanhita, 2023 with the following prayer:

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“Hon’ble Court may be pleased to allow this Criminal Petition by granting regular bail to the petitioner/accused No.4 in the event of his arrest in Cr.No.61/2013 registered for the offence punishable under Sections 4, 5, 6 of Immoral Traffic Act and under Sections 9 and 10 of prohibition of Child Marriage Act, 2006 by the Sub-urban Police station, Dharwad. The matter is pending before the Prl. District and Sessions Judge, Dharwad in SC No.72/2024.”

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Present petitioner is the accused No.4 who has

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been proceeded based on the spilt up charge sheet filed in

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3 - NC: 2025:KHC-D:4235 CRL.P No. 100396 of 2025

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respect of Crime No.61/2003 on the file of Dharwad SubUrban Police Station.

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It is submitted that accused Nos.1 to 3 who have faced the trial in SC No.126/2016 have been acquitted. After the acquittal, present petitioner has been apprehended by the Police and based on the spilt up charge sheet, he is now facing the trial in SC No.72/2024 and he is in custody from 28.10.2024.

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Taking note of the fact that after due trial accused Nos.1 to 3 have been acquitted for the offences punishable under Sections 9 and 10 of Prevention of Child Marriage Act and also taking note of the fact that the present petitioner is the husband of the rescued child (victim girl), this Court is of the considered view that continuation of the accused-petitioner in custody is no longer warranted.

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