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2022 DIGILAW 1155 (KAR)

Mahesh v. State of Karnataka

2022-09-03

SHIVASHANKAR AMARANNAVAR

body2022
JUDGMENT 1. This petition is filed by accused No.1 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter re ferred to as the 'Cr.P.C.' , for brevity) seeking bail in Dharwad Sub-urban Police Station Crime No.151/2022 registered for the o ffences punishable under Sec. 376 of The Indian Penal Code (hereina fter referred to as the 'IPC' , for brevity), Ss. 4 and 6 of the Protection of Children from Sexual O ffences Act, 2012 and Ss. 9 and 11 of Prohibition o f Child Marriage Act , 2006. 2. The case of the prosecution is that, one Dr.Kamalavva, District Child Protection Of ficer , has filed a complaint stating that, on 11/7/2022 at about 4:00pm, the members of District Child Protection Unit has produced the victim stating that, the victim is a minor and her marriage was performed with the petitioner/accused and she is now pregnant and they are trying to admit to Nirbhaya ward , KIMS Hospital, Hubballi and victim is afraid . She is not ready to get admitted to KIMS hospital, Hubballi and she is willing to stay with her parents. On 12/7/2022 , the victim was admitted to Nirbhaya ward in KIMS Hospital, Hubballi and MLC report was received. The complainant talked with the assistance of DCPU and others and came to know that the victim has stopped her education. On 7/2/2022, child marriage o f the victim girl with the petitioner/accused No .1 was solemnized . The parents of the victim had decided not send the victim with the petitioner/accused No .1 for a period of two years but the mother of the petitioner had picked up a quarrel with the parents and forcibly took the victim to her house to lead marital life . The victim and the petitioner/accused No .1 had physical relationship. The members of the DCPU have informed the parents o f the victim girl to lodge a complaint but they did not lodge any complaint. The said complaint came to be registered in Crime No .151/2022 of Dharwad Sub-urban Police Station for the aforesaid offences. The petitioner came to be arrested on 18/7/2022 and he is in judicial custody. The petitioner filed bail application and the same came to be rejected by the learned II Additional District and Sessions & Special Judge, Dharwad , by order dtd. 26/7/2022. Therefore, the petitioner is before this Court seeking bail. The petitioner came to be arrested on 18/7/2022 and he is in judicial custody. The petitioner filed bail application and the same came to be rejected by the learned II Additional District and Sessions & Special Judge, Dharwad , by order dtd. 26/7/2022. Therefore, the petitioner is before this Court seeking bail. 3. Heard the arguments o f the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent No .1-State. Respondent No.2, on an earlier date appeared physically and submitted that, she has no objection for grant o f bail and she has also given a representation stating that this petitioner is her maternal uncle and he is looking after both the families and prayed to grant bail. Respondent No .3-complainant has sent a letter praying not to grant bail to the petitioner. 4. Learned counsel for the petitioner would contend that, the petitioner is the maternal uncle of respondent No .2-victim girl. The petitioner has not committed any offence as alleged and a false case has been lodged against him and others. It is his further submission that, the petitioner is ready to co-operate with the police in the investigation. With this , he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader would contend that investigation is still in progress and , if, at this stage, the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. The of fences alleged against the petitioner are heinous offences punishable with imprisonment for life . The Investigating Officer has to record the statement of the witnesses . The victim girl is a minor , aged 16 years 1 month and her date of birth is 06.01 .2006. With this, he prayed to re ject the petition. 6. Having regard to the submission made by the learned counsel for the petitioner, the learned High Court Government Pleader for respondent No .1/State and taking into consideration the submission and the representation given by respondent No .2 , perused the FIR, complaint and the order passed by the learned Special Judge. 7. The accusation leveled against the petitioner/accused No.1 is that, his marriage with respondent No.2-victim girl has been performed on 7/2/2022 and as on that date, she was aged 16 years 1 month and they lead marital life and the victim girl became pregnant. 7. The accusation leveled against the petitioner/accused No.1 is that, his marriage with respondent No.2-victim girl has been performed on 7/2/2022 and as on that date, she was aged 16 years 1 month and they lead marital life and the victim girl became pregnant. The victim girl, who appeared in-person had submitted that the petitioner is her maternal uncle(mother's brother) and he is the only person who is looking after both the families and she has no ob jection to grant bail. The complaint has not been filed by any of the members of the family of the victim but it is filed by respondent No .3-District Child Protection Officer . The petitioner has undertaken to co-operate with the police in the investigation . The petitioner is in judicial custody since 18/7/2022 and there fore, he is not required for any custodial interrogation . There are no criminal antecedents of the petitioner/accused No.1. The main apprehension of the prosecution that, if, the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses, can be met with by imposing stringent conditions . 8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail sub ject to certain terms and conditions. Hence, I proceed to pass the following: ORDER The petition filed under Sec. 439 of Cr.P.C. is allowed . Consequently, the petitioner/accused No .1 shall be released on bail in Crime No .151/2022 of Dharwad Sub-urban Police Station subject to the following conditions: i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00 ,000.00 (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioner/accused No .1 shall remain present before the police station concerned on every Sunday between 10:00 am and 2:00 pm and mark his presence for a period of two months or till filing of final report, whichever is earlier. iii) The petitioner/accused No .1 shall co-operate in the investigation and make himself available for interrogation whenever required . iv) The petitioner/accused No.1 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer . iv) The petitioner/accused No.1 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer . v) The petitioner/accused No.1 shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.