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2025 DIGILAW 91 (KAR)

Sachin, S/o. Sidhya @ Sitaram Chavan v. State of Karnataka, Through Gurumitkal Police Station, Now Represented By Addl. SPP High Court of Karnataka

2025-05-22

T.M.NADAF

body2025
ORDER : (T.M. NADAF, J.) This petition is filed by accused No.1 seeking for regular bail under Section 483 of BNS S, 2023 in Crime No.15/2025 registered by the Gurumitkal Police Station, Yadgiri Sub-Division, District Yadigiri, for the offences punishable under Sections 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 , under sections 64(2)(m) , 65 (1) of Bharatiya Nyaya Sanhita, 2023 [for short, ‘the BNS , 2023’] and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, ‘the POCSO Act’]. 2. Brief facts for filing of the petition are as under: The Child Development Project Officer (CDPO) of Gurumitkal on 23.01.2025 filed a written complaint before the Police Inspector, Gurumitkal Police Station alleging that he has received a credible information that the victim girl aged 15 years was married to petitioner by her parents on 20.11.2024 at about 9.00 P.M., in the house of accused Nos.2 and 3. On 15.01.2025, the CDPO along with Smt. Ashabegum – District Co-ordinator, Yadigiri visited the house of accused Nos.2 and 3 and found the door was locked. After an enquiry with the neighbours, it was found that the petitioner has lost his parents 9-10 years back from the date of the incident and he had gone to Hyderabad subsequent to marriage with victim girl on 20.11.2024. On 16.01.2025, the CDPO and Smt. Asha Begum visited the house of the parents of the victim girl and they were informed by the parents of the victim girl that they have engaged their daughter with accused No.1 and they have gone to Hyderabad for Coolie work. On enquiry with neighbours they have got the information that, the victim girl was married on 20.11.2024 with accused No.1. After such information, the CDPO registered a complaint before the police for the offences punishable under Sections 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 against the petitioner and the parents of victim girl. On 17.03.2025, it is alleged that, the victim girl appeared before the police station and recorded her statement before the WPSI, wherein she has alleged that though she had not consented for the marriage in view of her minority, her parents insisted her to marry the petitioner - accused No.1 on 20.11.2024 at about 9.30 P.M., in her parents’ house. On 17.03.2025, it is alleged that, the victim girl appeared before the police station and recorded her statement before the WPSI, wherein she has alleged that though she had not consented for the marriage in view of her minority, her parents insisted her to marry the petitioner - accused No.1 on 20.11.2024 at about 9.30 P.M., in her parents’ house. Subsequent to the marriage, accused No.1 on several occasions had forcible sexual intercourse against her consent. Based on the alleged statement of the victim girl, Sections 64 (2)(m) , 65 (1) of BNS , 2023 and Sections 4 and 6 of POCSO Act comes to be added to Crime No.15/2025 registered by the Gurumitkal Police Station. The petitioner was arrested on 17.03.2025 and he is in judicial custody since then. 3. Heard Sri Basavaraj C. Jaka, learned counsel appearing for the petitioner, Sri Sheshadri Jaishankar, learned AGA appearing for respondent No.1 – State and Sri S. V. Deshmukh, learned counsel appearing for respondent No.2 – victim girl and perused the records. 4. Sri Basavaraj C. Jaka submits that, the parents of the victim girl arranged the marriage with the petitioner and they have not disclosed anything regarding her age prior to the marriage or after the marriage, there was no opposition by the victim girl for the marriage. As per his instructions the victim girl had disclosed that she is major at the time of marriage and both have gone to do Coolie work in Hyderabad and lived a happy married life. Subsequently, on the complaint of the CDPO on 23.01.2025, the petitioner and the parents of the victim girl received an information and had been to the police station. At that point of time, the petitioner was arrested by the police. The parents of the victim girl were released on Anticipatory bail by the Sessions Court in Crl.Misc No.110/2025. Accordingly, learned counsel for the petitioner seeks to admit the petitioner on bail. 5. Per contra, learned AGA vehemently submits that the victim girl was just 15½ years at the time of marriage. Her parents and the petitioner insisted for the marriage and the petitioner was aware of the fact that victim girl is a minor, as stated by her in her statement before the police on 17.03.2025. The petitioner had forcible sexual intercourse on several occasions and committed offences punishable under the provisions of POCSO Act. Her parents and the petitioner insisted for the marriage and the petitioner was aware of the fact that victim girl is a minor, as stated by her in her statement before the police on 17.03.2025. The petitioner had forcible sexual intercourse on several occasions and committed offences punishable under the provisions of POCSO Act. The learned AGA, on instructions, submits that the police have completed the investigation and laid charge sheet which is now pending before the District and Sessions Judge in Special Case No.79/2025. The learned AGA also produced copy of the entire charge sheet materials for perusal. On this he submits that if the petitioner is granted bail, he may abscond and cause delay in trial so also he may tamper witnesses. 6. Having heard the learned counsel for the petitioner and learned AGA and perused the material placed by learned AGA i.e., copy of the charge sheet in Special Case No.79/2025, the only point that arises for my consideration is: Whether in the peculiar facts and circumstances of the case, the petitioner can be admitted on bail? 7. According to the learned counsel for the petitioner, the petitioner is an orphan and accused Nos.2 and 3, being the parents of the victim girl, on their own married the victim girl to the petitioner. There is no coercion or otherwise on the part of the petitioner in marrying the victim girl and he further submits that it is not the case of the prosecution that, as in any other case, he took her forcibly or committed any offences within the provisions of POCSO Act as well as BNS , 2023. The parents who married the girl to the petitioner are on anticipatory bail. Even according to the allegations in the complaint by the CDPO it is the parents alleged to have married the victim girl with the petitioner and both of them are living happily. Except the complaint by the CDPO, there is no complaint either by the police or by the victim however, after considerable delay of 2½ months i.e., on 17.03.2025, as an afterthought, the police took the statement of the victim girl wherein she has alleged that the petitioner had forcible sexual intercourse with her and on the said basis the offences punishable under the provisions of POCSO Act as well as BNS , 2023 have been included in the crime. 8. 8. The learned AGA, with all vehemence, submits that the victim girl was minor and she was just aged 15½ years. Though the parents are granted anticipatory bail, that will not be a ground for the petitioner who committed the heinous offence against the victim girl against her wish consent is not entitled for bail. In the event bail is granted, he may tamper the witnesses, abscond and cause hampering of the trial. 9. It is germane to mention here that the victim girl has given statement under Section 164 of Cr.P.C. which reads as under: 10. In view of the peculiar facts and circumstances of the case, without expressing anything on the merits of the case, this Court is of the opinion that the petitioner is entitled for regular bail. In view of the same, I proceed to pass the following: ORDER The petition filed by the petitioner under Section 483 of BNSS, 2023 is hereby allowed. The petitioner is directed to be enlarged on bail in Crime No.15/2025 registered by Gurumitkal Police Station, now pending in Special Case No.79/2025, pending on the file of the District and Sessions Judge, Yadagiri, for the offences punishable under Sections 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 , Sections 64 (2)(m) , 65 (1) of Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 , subject to the following conditions: (i) The petitioner shall execute personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; (ii) The petitioner shall appear regularly on all the dates of hearing before the Trial Court without causing any delay in the proceedings. (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences. (v) The petitioner shall appear before the Investigation Officer for any further investigation, if needed. (vi) The petitioner shall not leave the jurisdiction of the Trial Court without permission. If any of the above conditions are violated, prosecution will be entitled to seek cancellation of bail. Ordered accordingly.