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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.216 OF 2021

BETWEEN:

1.

VENKATACHALA C.

S/O. CHINNASWAMY,

AGED ABOUT 23 YEARS.

2.

SHIVAKUMAR C. @ SHIVU

S/O. CHINNASWAMY,

AGED ABOUT 21 YEARS.

BOTH ARE RESIDING AT UPPALAPURAM,

RAMAKUPPAM MANDALAM,

DASAMPATTI POST,

PENNAGARAM TALUK,

DHARMAPURI DISTRICT,

TAMIL NADU 3 778963.

... PETITIONERS

(BY SRI PRADEEP C.S., ADV., FOR SRI GAJENDRA C.V.)

AND:

1.

THE STATE OF KARNATAKA

BY GIRINAGAR POLICE STATION,

REPRESENTED BY HIGH COURT GOVT. PLEADER,

HIGH COURT OF KARNATAKA,

BENGALURU 3 560 001.

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2.

PADMAVATHI

W/O. LAKSHMIPATHI,

AGED ABOUT 40 YEARS,

NO.204, 4^TH CROSS, CHAMUNDI NAGARA,

SLUM BANASHANKARI 3^RD STAGE,

BENGALURU 3 560 001.

... RESPONDENTS

(BY SMT. RASHMI JADHAV, H.C.G.P., FOR R-1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN

CRIME NO.114 OF 2020 (SPL C. NO.722 OF 2020) REGISTERED BY

GIRINAGAR POLICE STATION, BENGALURU, FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 363, 366 AND 376 OF THE IPC,

SECTIONS 5(L) AND 6 OF THE POCSO ACT AND SECTIONS 9, 10

AND 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006.

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by accused Nos.1 and 2 under

Section 439 of the Code of Criminal Procedure, 1973, (for

short, 8the Cr.P.C.9) for granting regular bail in Crime

No.114 of 2020 registered by Girinagar Police Station,

Bengaluru, for the offences punishable under Sections

363, 366 and 376 of the Indian Penal Code, 1860 (for

short, 8the IPC9), Sections 5(L) and 6 of the Protection of

Children from Sexual Offences Act, 2012 (for short, 8the

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POCSO Act9) and Sections 9, 10 and 11 of the Prohibition

of Child Marriage Act, 2006.

2. Heard the arguments of the learned counsel for

the petitioners and the learned High Court Government

Pleader for the respondent-State.

3. The case of the prosecution is that, on

15-7-2020, Smt. Padmavathi, mother of one of the victim

girls, lodged a missing complaint to Police alleging that

her daughter, who is aged 15 years, and neighbour9s

daughter, who is aged 16 years are missing from

12-7-2020. During investigation, the Police apprehended

the petitioners and both the victims and thereby, they

were subjected to medical examination. The petitioners

were remanded to judicial custody. The petitioners

approached the Sessions Court for granting bail, which

came to be rejected. Hence, this petition.

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4. Learned counsel for the petitioners has

contended that, the petitioners went along with the victim

girls on their force and due to love affairs between them.

There is no ingredient to attract the offences alleged. The

petitioners have married the victim girls and leading life as

husbands and wives. The petitioners are in custody from

25-7-2020 and are ready to abide by any of the conditions

that may be imposed by the Court. Hence, he prayed for

allowing the petition.

5. Per contra, the learned High Court Government

Pleader has objected the bail petition.

6. Upon considering the arguments and perusal of

the record, statements made by both the victim girls reveal

that victim girls themselves forced the petitioners to take

them along with them. Hence, the petitioners took the

victim girls to the their house and lived together as

husbands and wives. Investigation is completed and

charge-sheet is filed. The petitioners are in custody for

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nine months and except for trial, their presence is not

required for investigation. Therefore, without expressing

any opinion on the merits of the case, I am of the view that

the petitioners are entitled for bail. Hence, I pass the

following

O R D E R

Criminal petition is allowed. The trial Court