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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF NOVEMBER, 2022

BEFORE

THE HON9BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.9122/2022

BETWEEN:

ANJESH @ BOYA ANJESH

S/O LATE THIMMAIAH

AGED ABOUT 22 YEARS

R/AT SORAHUNSE, VARTHURU

BENGLAURU-560 087

PERMANENT ADDRESS:

NEAR K.E.B. OFFICE

KANEKAL VILLAGE AND MANDALAM

RAYADURGA TALUK

ANANTAPURA DISTRICT

ANDHRA PRADESH

&.PETITIONER

(BY SRI. A.N. RADHA KRISHNA, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

BY BIDADI POLICE

REPRESENTED BY

THE STATE PUBLIC PROSECUTOR

HIGH COURT BUILDINGS

BENGALURU-560 001

2.

SMT. BHAGYAMMA

W/O BANGARAPPA @ RAMANNA @ SEENA

AGED ABOUT 35 EYARS

RESIDENT OF BYRAMANGALA

2

BIDADI HOBLI

RAMANAGAR TALUK AND DISTRICT

...RESPONDENTS

(BY SMT. RASHMI JADHAV, HCGP FOR R1,

SRI. VIJAY KUMAR PRAKASH, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN CR.NO.291 /2021 OF

BIDADI P.S., RAMANAGARA DISTRICT FOR THE OFFENCES

P/U/Ss 363, 376(3) AND 376(2)(n) OF IPC AND UNDER

SECTION 5(j)(ii) AND 6 OF POCSO ACT AND SECTIONS

9 AND 10 OF CHILD MARRIAGE RESTRAINT ACT, NOW

PENDING ON THE FILE OF THE LEARNED ADDITIONAL

DISTRICT AND SESSIONS JUDGE, RAMANAGARA DISTRICT,

RAMANAGARA.

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner/accused has filed this petition under

Section 439 of Cr.P.C. for enlarging him on bail in Crime

No.291/2021 of Bidadi Police Station, Ramanagara

District, registered for the offences punishable under

Sections 363, 376(2) (n) and 376(3) of IPC and under

Section 5(j) (ii) and 6 of POCSO Act and Sections 9 and

10 of Child Marriage Restraint Act.

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2.

The brief factual matrix leading to the case

are that, on 24.09.2021 at about 6.36 p.m., the ASI has

received

an

email

message

from

Child

Welfare

Committee (8CWC9 for short), wherein it is alleged that

the victim girl aged about 15 years was given in

marriage and she is pregnant of seven months and

email was forwarded to the President of CWC and the

members of CWC have protected the victim child on

17.09.2021. In this regard a complaint came to be

lodged alleging that the victim was given in marriage to

the present petitioner during her minority in violation of

the provisions of the Child Marriage Restraint Act and

further she was pregnant, which discloses that, there

was sexual assault. In this regard, a crime came to be

registered against the petitioner and as such, he was

arrested and the victim was subjected to medical

examination and later on her statement under Section

164 of Cr.P.C. was also recorded. The petitioner was

remanded to judicial custody and in due course, the

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Investigating Officer has submitted the charge sheet for

the for the offences punishable under Sections 363,

376(2)(n) and 376(3) of IPC and also under Sections

5(j)(ii) and 6 of the POCSO Act and under Sections 9

and 10 of Prohibition of Child Marriage Act. Thereafter,

the petitioner has approached the concerned learned

Sessions Judge with a bail petition seeking bail and that

petition came to be rejected and hence, he is before this

Court.

3.

Heard

the

learned

counsel

for

the

petitioner/accused and the learned HCGP for the

Respondent-State as well as the learned counsel for

Respondent No.2/complainant. Perused the records.

4.

Learned

counsel

for

Respondent

No.2/complainant has submitted affidavits filed by the

victim as well as Respondent No.2 stating that, the

victim and complainant have no objection to enlarge the

petitioner on bail.

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5.

Having heard the arguments and perusing

the records, it is evident that the victim is the daughter

of the Respondent No.2/complainant and the petitioner

is the son of the brother of Respondent No.2. They had

family relationship and further it is asserted that,

without knowledge,