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2015 DIGILAW 532 (KAR)

Ramahia v. State of Karnataka

2015-05-26

P.S.DINESH KUMAR

body2015
ORDER : P.S. Dinesh Kumar, J. 1. Petitioners are parents of a minor girl by name Varalakshmi, aged about 15 years. Based on an information given by a Doctor that the said minor girl was pregnant, the Child Development Officer lodged a complaint which has been registered as Cr. No. 292/2014 in K.R. Nagar Police Station alleging commission of offences punishable under Sections 366, 376 IPC, Section 4 of POCSO Act, 2012 & Sections 9, 10 & 11 of Prohibition of Child Marriage Act, 2006. Heard Sri. Raju C.N., learned counsel appearing for the petitioners and the learned Additional SPP for respondent - State and perused the records. 2. Learned counsel for the petitioners submits that the minor girl of the petitioners herein had eloped with one Sri. Madhu S/o Siddaraju. The petitioners had not lodged any complaint before the police fearing social stigma and were making efforts to secure their daughter back. He further submits that as parents, they have suffered untold hardship and misery. He further submits that their daughter has given a voluntary statement under Section 164, Cr.P.C., before the learned JMFC, K.R. Nagar stating that she was in love with said Madhu and had voluntarily gone with him to get marry. 3. Learned Counsel for the petitioners further submits that the learned Sessions Court heard in rejecting the bail petition in Cri. Misc. No. 666/2015 on the ground that the petitioners were absconding. He submits that the investigation has been completed and charge-sheet has been filed by the Police. He further submits that the accused No. 1-Madhu has been granted bail by tins Court vide order dated 25.4.2015 in Cri.P. No. 2382/2015 and therefore, the petitioners are entitled for bail on the ground of parity. On these grounds the learned Counsel for the petitioners prays that the above petition may be allowed. 4. Per contra, learned Addl. SPP for the respondent/State supports the order dated 22.4.2015 passed in Crl. Misc. No. 666/2015 and prays for dismissal of the petition. 5. Admittedly, petitioners are parents of the minor girl. The voluntary statement given by their daughter before the learned JMFC, K.R. Nagar discloses that she was in love with accused No. 1 - Madhu and she had gone along with him to Dandamma Temple on 10.11.2013 at about 5 a.m. to get herself married. 5. Admittedly, petitioners are parents of the minor girl. The voluntary statement given by their daughter before the learned JMFC, K.R. Nagar discloses that she was in love with accused No. 1 - Madhu and she had gone along with him to Dandamma Temple on 10.11.2013 at about 5 a.m. to get herself married. It is also mentioned in the said statement, she did not informed about this fact to her parents. The accused No. 1, Madhu has been granted bail by this Court in Cri.P. No. 2382/2015. Investigation is complete and charge-sheet has been filed by the Police. The reasoning of the Sessions Court to reject the bail to the petitioners herein on the ground that they were absconders is not sustainable in the facts and circumstances of the case. In view of the fact that the accused No. 1 has already been granted bail by this Court, in my opinion, this petition merits consideration on the ground of parity. Accordingly, I proceed to pass the following:- ORDER "(i) Petition is allowed. (ii) Petitioners shall be released on anticipatory bail in the event of their arrest in Crime No. 292/2014 by respondent-police upon each of the petitioners executing a personal bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) with one surety each for the like-sum to the satisfaction of the Investigating Officer. (iii) Petitioners shall not hold out threats to the prosecution witnesses and shall not try to lure them in any manner. (iv) Petitioners shall not involve themselves in any kind of criminal activities. (v) Petitioners shall attend the Court on all the dates of hearing without fail. (vi) Petitioners shall mark their attendance once in a month on every second Sunday between 9.00 a.m. and 5.00 p.m., till the disposal of the case registered against them."