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2023 DIGILAW 1005 (KAR)

Susheela v. State

2023-08-23

S.VISHWAJITH SHETTY

body2023
JUDGMENT 1. Accused No.2 in Spl.C.No.676/2022 pending before the Court of Additional District Judge and FTSC-II, Bengaluru Rural District, Bengaluru arising out of Crime No.187/2022 registered by Hebbagodi Police Station, Bengaluru District for the offence punishable under Sec. 376 R/w 34 of IPC and Ss. 4 and 17 of Protection Of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Sec. 9 of The Prohibition of Child Marriage Act, 2006 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State. 3. On the basis of statement dtd. 10/6/2022 made by the victim girl, who is the daughter of petitioner herein, FIR in Crime No.187/2022 was registered by Hebbagodi Police Station against one Chetan and the petitioner herein for the aforesaid offences. In the statement it is averred that the victim girl was aged about 16 years and she was studying in 10th standard. She was residing in her house along with her mother and grandmother and her mother was forcing her to get married to Chetan. This was resisted by the victim girl. It is alleged that on 1/2/2022, the petitioner allegedly got the victim girl married to accused No.1 - Chetan, who thereafter had sexual intercourse with the victim girl against her wish. It is in this background, the victim girl had approached the Police along with her maternal aunt on 10/6/2022 and had lodged a complaint. During the course of investigation, the petitioner was arrested on 29/7/2022. The investigation in the case is completed and charge sheet has been filed. The bail application filed by the petitioner before the trial court in Spl.C.No.676/2022 was rejected on 17/9/2022. It is under these circumstances, the petitioner is before this court. 4. Learner counsel for the petitioner reiterated the grounds urged in the petition and prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent - State has opposed the bail application and submits that the marriage of the victim girl who undisputedly is a minor was performed by her mother who is the petitioner herein and thereafter accused No.1 forcibly had sexual intercourse with the victim girl. She submits that in the event, if the petitioner is enlarged on bail, she is likely to tamper with the prosecution witnesses. Accordingly, she prays to dismiss the petition 6. She submits that in the event, if the petitioner is enlarged on bail, she is likely to tamper with the prosecution witnesses. Accordingly, she prays to dismiss the petition 6. On perusal of material available on record it is seen that FIR in Crime No.187/2022 was registered by Hebbagodi Police Station against one Chetan and the petitioner herein for the aforesaid offences. On the basis of statement made by the victim girl, who is none other than daughter of the petitioner it is seen that the marriage of the victim girl was performed with accused No.1 against her wish by the petitioner. The act of sexual assault against her wish is only as against accused No.1. The investigation in the case is completed and the charge sheet has been filed. The petitioner is in custody since 29/7/2022. Considering the nature of allegation against the petitioner and also having regard to first proviso to Sec. 437(1) of Cr.P.C., I am of the considered view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. In view of the above, the petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.676/2022 pending before the Court of Additional District Judge and FTSC-II, Bengaluru Rural District arising out of Crime No.187/2022 registered by Hebbagodi Police Station, Bengaluru District for the offence punishable under Sec. 376 R/w 34 of IPC and Ss. 4 and 17 of POCSO Act and Sec. 9 of The Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1, 00, 000.00 (Rupees One lakhs only) with one surety for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against her is disposed off.