Umesha H T Vs State of Karnataka

UMESHA H T S/O H K THAMMAIAH, AGED ABOUT 34 YEARS, R/O HOSADODDI VILLAGE, HORALAGALU POST, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 117

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…PETITIONER

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(BY SRI A N RADHA KRISHNA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY KANAKAPURA RURAL POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU -560 001

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Digitally BENGALURU -560 001 signed by MALATESH K C 2. THE C D P O Location: WOMEN AND CHILD DEVELOPMENT DEPARTMENT, HIGH CHILD DEVELOPMENT PROJECT OFFICE, COURT OF ADMINISTRATIVE OFFICE, KARNATAKA M G ROAD, KANAKAPURA, RAMANAGARA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU -560 001

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Xxx xxx xxx xxx

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…RESPONDENTS

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NC: 2025:KHC:10243 CRL.P No. 1510 of 2025

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(BY SRI VINAY MAHADEVAIAH, HCGP FOR R1 AND R2; SRI VINOD.N, ADVOCATE FOR R3)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRL.NO.84/2024 OF KANAKAPURA RURAL POLICE, FOR OFFENCES PUNISHABLE UNDER SECTIONS 4 AND 6 OF POCSO ACT, SECTION 376 OF INDIAN PENAL CODE, AND UNDER SECTIONS 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, NOW PENDING ON THE FILE OF THE LRD. 1^ST ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, IN SPL.CASE (POCSO) 162/2024.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Spl. Case (POCSO) No.162/2024 pending on the file of the I Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.84/2024 registered with Kanakapura Rural Police Station, Ramanagara, for the offences punishable under Section 376 of the Indian Penal Code, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, and Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, is the petitioner before this Court seeking regular bail under Section 439 of the Code of Criminal Procedure.

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Heard the learned counsel for the parties.

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3 - NC: 2025:KHC:10243 CRL.P No. 1510 of 2025

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FIR in Crime No.84/2024 came to be lodged with Kanakapura Rural Police Station, Kanakapura Circle, Ramanagara District against the petitioner herein and others for the aforesaid offences based on the First Information dated 18.05.2024 received from the respondent No.2 herein.

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During the course of investigation, petitioner herein was arrested on 07.08.2024 and subsequently, remanded to the judicial custody. Investigation of the case is completed and charge sheet has been filed against five persons.

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Thereafter, petitioner had filed bail application before the jurisdictional Sessions Court in Crl.Misc. No.1095/2024 which came to be rejected on 10^th January 2025. Therefore, petitioner is before this Court.

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Learned counsel for the petitioner has reiterated the grounds urged in the petition.

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Learned High Court Government Pleader opposes the petition.

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NC: 2025:KHC:10243 CRL.P No. 1510 of 2025

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Learned counsel for the respondent No.3 submits that he has no objection to grant the regular bail to the petitioner and submits that petitioner and victim are married.

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Perusal of the material on record would go to show that based on the first information submitted by the respondent No.2 FIR was registered against the petitioner in Crime No.84/2024 by the Kanakapura Rural Police Station, Kanakapura Circle, Ramanagara District.

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During the course of investigation, petitioner was arrested on 07.08.2024 and subsequently, was remanded to judicial custody. Investigation is completed and charge sheet is filed.

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Statement of the victim under Section 164 of the Code of Criminal Procedure was recorded on 05.06.2024 and in the said statement, victim has stated that she is aged about 18 years and she is in love with the petitioner. She has stated that since her mother did not agree to perform her marriage with the petitioner, she had left the house on 16.04.2023 and met the petitioner and thereafter, she married the petitioner in a temple

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5 - NC: 2025:KHC:10243 CRL.P No. 1510 of 2025

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at Dyapegowdanadoddi, Kanakapura. Subsequently, she started residing with the petitioner in his house and parents of the petitioner had accepted their marriage. Since the victim was pregnant, she had gone to the Primary Health Centre and respondent No.2 has thereafter filed the police complaint.

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The victim girl has not made any serious allegations against the petitioner which would prima facie attract the offences alleged against the petitioner. On the other hand, victim girl has stated that she is now married to the petitioner.

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Under the circumstances, I am of the opinion that without expressing any opinion on the merits and demerits of the matter, petitioner’s prayer needs to be granted.

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14. Accordingly, the following:

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ORDER

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The petition is allowed . The petitioner is directed to be enlarged on bail in Crime No.84 of 2024, Kanakapura Rural Police Station registered for the offences punishable under Sections 376 of the Indian Penal Code, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, and

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NC: 2025:KHC:10243 CRL.P No. 1510 of 2025

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Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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kcm

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List No.: 1 Sl No.: 52

Umesha H T v. State of Karnataka

Case brief

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Umesha H T v. State of Karnataka

Case brief

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