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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

ON THE 5^TH DAY OF APRIL 2018

BEFORE

THE HON’BLE MR. JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO. 100582 OF 2018

BETWEEN :

ESHA @ ELIGANURU VEERESHA,

S/O ELIGANURU VEERESHAPPA,

AGE: 28 YEARS, OCC.: FARMER,

R/O 1^ST WARD, AGSASARA ONI,

SANAPURA VILLAGE, HOSAPETE,

BALLARI DIST.

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PETITIONER

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(BY SRI ANWAR BASHA, ADVOCATE)

AND :

THE STATE OF KARNATAKA,

(THROUGH KIAMPLI PS) REPRESENTED BY

ITS STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKAAT DHARWAD.

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RESPONDENT

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(BY SRI ANAND K. NAVALAGIMATH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTIONS

439 OF CR.P.C. SEEKING TO RELEASE HIM ON BAIL IN

SPL. CASE NO. 233/2017 IN CONNECTION WITH CR. NO.

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37/2017 REGISTERED IN KAMPLI FOR THE OFFENCES

PUNISHABLE U/S 366, 376, 448, 506, 109, 114, 34 OF IPC

AND SEC. 4, 6 AND 17 OF POCSO ACT, 2012 AND SEC. 9

AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006

& ETC.

THIS CRIMINAL PETITION IS COMING ON FOR

ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondent-State and

also perused the records.

2.

The allegation made against the petitioner as per the

charge sheet is that, he abducted the victim girl, i.e.,

daughter of the complainant (by name Anwar Basha) and

he took her to different places from 02.04.2017 due to

that act on 03.04.2017 the complainant found that, the

victim girl was missing in the house of the complainant

who is the resident of Sanapur village in Ballari District.

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Later it was found that, the accused has abducted her and

they were caught subsequently and the Police after

thorough investigation submitted the charge sheet.

3.

Victim statement was recorded by the Police and as

well as by the jurisdictional Magistrate u/S 164 of Cr.P.C.

The victim girl has categorically reiterated the allegations

made against the accused and specifically stated that, he

forcibly took her and married her by tying the sacred knot

“Tali” to her neck and also he has committed sexual

intercourse against her will. Police have also collected the

material to show that the victim was aged 16 years as on

the date of offence.

4.

Though the learned counsel submitted that, there

are certain contradictions in the statement of the victim

girl and also the accused being in custody for more than

one year and they are married to each other, all those

facts, in my opinion, at this stage, may not help the

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petitioner, because of the age of the victim girl. Even the

consent of a minor girl is of no avail to the petitioner in

any manner.

5.

The above said facts and circumstances disclose that

the accused has been prosecuted for the offences

punishable u/S 366, 376, 448, 506, 109, 114, 34 of IPC;

Sec.4, 6 and 17 of POCSO Act, 2012 and Sec. 9 and 10 of

Prohibition of Child Marriage Act, 2006. Charge sheet has

already been filed in Special Case No. 233/2017 and the

same is pending before the learned First Addl. Sessions

Judge, Ballari.

6.

POCSO Act, 2012 itself says that the trial has to be

conducted expeditiously and the matters have to be

disposed off within specified time. Under the above said

facts and circumstances of the case, I do not find any

strong reasons to release the accused on bail because of

the above said prima facie materials available against the

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petitioner. Hence, the petition deserves to be dismissed.

Accordingly dismissed. However, the learned First Addl.

Sessions Judge, Ballari, where the case in Special Case No.

233/2017 is pending, is hereby directed to expedite the

trial itself and dispose off the case as expeditiously as

possible.

SD/-

JUDGE

bvv