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NC: 2023:KHC:43841

CRL.P No. 11320 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO.11320 OF 2023

BETWEEN:

SRINIVASA S/O. KARIYANNA,

(IN THE REMAND APPLICATION PETITIONER’S

NAME IS MENTIONED AS SRINIVASA .K

S/O. KARIYANNA)

AGED ABOUT 27 YEARS,

OCC: AGRICULTURIST,

R/O. CHIKKAULLARTHI, DUGGAVARA,

CHALLAKERE, CHITRADURGA – 577 522.

(NOW IN JUDICIAL CUSTODY).

... PETITIONER

(BY SRI P.B. UMESH, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA BY

THALAK POLICE STATION,

THALAK CIRCLE,

CHITRADURGA DISTRICT – 577 543.

(REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS, BENGALURU–560 001.)

2.

SMT. GEETHALAKSHMI K.S.

(FATHER/HUSBAND’S NAME

IS NOT KNOWN TO PETITIONER)

AGED ABOUT 36 YEARS,

ADMINISTRATIVE OFFICER,

“SAKHI” ONE STOP CENTRE,

DISTRICT HOSPITAL,

(ZILLA BALABHAVANA)

CHITRADURGA – 577 501.

... RESPONDENTS

(BY SRI RAHUL RAI K., HCGP FOR R-1;

SRI HARISH B. SHIRALAKOPPU, ADVOCATE FOR R-2 (VICTIM)

(V/O. DATED 1/12/2023, NOTICE TO R-2 HELD SUFFICIENT))

Digitally

signed by B A

KRISHNA

KUMAR

Location:

HIGH COURT

OF

KARNATAKA

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NC: 2023:KHC:43841

CRL.P No. 11320 of 2023

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT

THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE

PETITIONER ON BAIL IN CR.NO.166/2023 OF THALAK P.S.,

CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 376(2)(n) OF IPC

AND SECTIONS 4, 6, 17 OF POCSO ACT AND SECTIONS 9, 10, 11 OF

PROHIBITION OF CHILD MARRIAGE ACT PENDING ON THE FILE OF

THE 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

Accused No.1 in Crime No.166/2023 registered by

Thalak Police Station, Chitradurga District, for the offences

punishable under Section 376(2)(n) of IPC, Sections 4, 6

and 17 of the Protection of Children from Sexual offences

Act, 2012 and Sections 9, 10 and 11 of Prohibition of Child

Marriage Act, 2006, is before this Court under Section 439

of Cr.P.C.

2. Heard learned counsel for the parties.

3.

On

the

complaint

of

Geethalakshmi

K.S.,

Administrative Officer, One Stop Centre Sakhi, District

Balabhavana, Chitradurga, FIR in Crime No.166/2023 was

registered against the petitioner and others initially for the

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CRL.P No. 11320 of 2023

offences punishable under Section 376(2)(n) of IPC,

Sections 4, 6 and 17 of Protection of children from Sexual

Offences Act and Sections 9, 10 and 11 of Prohibition of

Child Marriage Act. During the course of investigation of

the case, the petitioner was arrested on 20.08.2023.

Investigation is completed and the charge sheet has been

filed. The petitioner’s bail application filed before the Court

of II Additional District & Sessions Judge, Chitradurga in

Crl.Misc.No.1208/2023 was dismissed on 05.10.2023.

Therefore, the petitioner is before this Court.

4. Learned Counsel for the petitioner has reiterated

the grounds urged in the petition and submits that the

victim has not made any allegation against the petitioner.

They are married and have a child aged about one year.

Accordingly, he prays to allow the petition.

5. Learned HCGP opposed the bail application.

6. Learned Counsel who has entered appearance on

behalf of the victim, who is now major, submits that he

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CRL.P No. 11320 of 2023

has no objection to allow the application. He submits that

the petitioner and victim are married and have a child

aged about one year.

7. The material on record would go to show that the

complaint was lodged by the Government servant after the

victim g