Sri Raju a H Vs State by

SRI. RAJU A.H., S/O. HANUMANTHARAYAPPA, AGED ABOUT 36 YEARS, R/AT KOLUME BEEDHI VINAYAKANAGARA, MADHUGIRI TOWN, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 132

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…PETITIONER

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(BY SRI. MOUNESH S.B., ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE BY KORATAGERE POLICE STATION, KORATAGERE, TUMAKURU DISTRICT - 572 129 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE - 560 001

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SRI. RANGANATHA S/O. KEMPARANGAIAH, AGED ABOUT 45 YEARS, R/AT KAMBADAHALLI KASBA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT- 572 129.

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…RESPONDENTS

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(BY SRI. RANGASWAMY R., HCGP)

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NC: 2025:KHC:869 CRL.P No. 13452 of 2024

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THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO DIRECT THE RESPONDENT KORATAGERE POLICE STATION, KORATAGERE, TUMAKURU DISTRICT TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THE ARREST OF THE PETITIONER, IN CRIME NO.290/2015 (C.C.NO.586/2017) FOR THE ALLEGED OFFENCE P/US/ 366-A,344,114,506 R/W SEC.34 OF IPC AND U/S.9 OF THE CHILD MARRIAGE ACT BY GRANTING ANTICIPATORY BAIL.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner, Learned

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High Court Government Pleader for the State and perused the material on record.

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Pursuant to the notice issued to respondent No.2 / defacto complainant, he is present before the Court.

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The incident relates to the year 2015, wherein, on 29.08.2015, respondent No.2 i.e., father of the victim

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NC: 2025:KHC:869 CRL.P No. 13452 of 2024

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lodged a complaint against the petitioner alleging that he has kidnapped his minor daughter on the night of 28.07.2015. Charge sheet is filed showing accused Nos.1 and accused No.2 i.e., the mother of accused No.1, as absconding.

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Charge sheet is filed for offences under Sections 366(A), 344, 114,506 Read with Section 34 of IPC and Section 9 of the Prohibition of Child Marriage Act.

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It is alleged that the petitioner by inducing the minor victim, kidnapped her with an assurance of marriage and took her to the house of CW.4 and forcibly married her on 30.07.2015. He detained her till 26.09.2015 and Accused No.2 being the mother of accused No.1, is alleged to have abetted him to commit the offence and also threatened the victim saying that she will be killed if she disclosed the matter to others and made any attempt to escape.

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The learned Sessions Judge has rejected the anticipatory bail application of the petitioner holding that

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NC: 2025:KHC:869 CRL.P No. 13452 of 2024

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this is not a fit case to exercise power under Section 438 of Cr.P.C. and directed the petitioner to surrender before

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the Jurisdictional Magistrate as proclamation was issued against him.

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Respondent No.2 / defacto complainant i.e., the

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father of the victim girl who is present before the Court submitted that he has no objection to consider the prayer of the petitioner.

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Even though the case was registered in the year 2015, the police are unable to apprehend the petitioner, inspite of issuance of warrant and proclamation.

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Considering the facts and circumstances, without expressing any view on the merits of the case, petitioner can be directed to appear before the learned Magistrate within a period of 15 days from today and in that event, the learned Magistrate shall enlarge the petitioner on bail subject to following conditions:

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NC: 2025:KHC:869 CRL.P No. 13452 of 2024

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a) Petitioner shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a surety for the likesum.

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b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address.

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c) He shall appear before the Investigation Officer within a period of one week thereafter and shall co-operate with the further investigation of the case, if any.

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d) He shall not tamper with the prosecution evidence / witnesses in any manner.

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e) He shall appear before the Trial Court regularly without fail.

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Petition is allowed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC

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List No.: 1 Sl No.: 25