IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 01^ST DAY OF DECEMBER 2020

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRL.P. NO.101131 OF 2020

BETWEEN:

YAMANURAPPA S/O MARIYAPPA AVINA

AGE: 26 YEARS, OCC: LABOURER,

R/O: KATAPUR VILLAGE,

TQ: KUSHTAGI, DIST: KOPPAL.

PRESENT: OPP. PERAMPALLI CHURCH, UDAPI.

… PETITIONER

(BY SRI. K. H. BAGI, ADV.)

AND

THE STATE OF KARNATAKA

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT, DHARWAD BENCH,

DHARWAD-580011,

HANAMASAGAR POLICE STATION,

TQ: KUSHTAGI, DIST: KOPPAL.

…RESPONDENT

(BY SRI.V.S.KALASURMATH, HCGP FOR RESPONDENT)

(SRI.R.K.KULKARNI, ADV.FOR COMPLAINANT)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C., PRAYING THAT, THE PETITIONER / ACCUSED NO.1

BE ENLARGED ON BAIL IN SPL.S.C.(POCSO) NO.09/2019

(HANUMASAGAR P.S.CRIME NO.21/2019) PENDING ON THE

FILE OF ADDL.DISTRICT & SESSIONS JUDGE, FTSC-1 KOPPAL

FOR THE OFFENCE U/SEC.376, 109 OF IPC, U/SEC.6 & 17 OF

POCSO ACT, 2012 AND U/SEC.9 & 11 OF CHILD MARRIAGE

RESTRAINT ACT.

2

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed under Section 439 of Cr.P.C., to

enlarge the petitioner/accused No.1 on bail in Crime

No.21/2019

of

Hanumasagar

Police

Station,

charge

sheeted for offences punishable under Sections 376, 109

of IPC, Sections 6, 17 of POCSO Act, 2012 and Sections 9

& 11 of Child Marriage Restraint Act (Prohibition of Child

Marriage Act, 2006). Initially, case was registered in

Crime No.6/2019 at Women Police Station, Udupi and

thereafter on the point of jurisdiction, transferred to

Hanumasagar Police Station, Koppal.

2. Heard the learned counsel for petitioner, the

learned HCGP for respondent-State and the learned

counsel appearing for the complainant.

3. The prosecution has alleged that accused Nos.2

and 3 being the parents of accused No.1 performed his

3

marriage with the minor victim girl on 04.09.2018 and

thereafter accused No.1 committed penetrative sexual

assault on her in his house situated at Katapura Village, on

account of which she became pregnant and thereby the

accused committed the aforementioned offences.

4. The learned counsel for the petitioner contends

that the petitioner is innocent. Even though the alleged

incident has taken place on 04.09.2018, there is an

inordinate delay in lodging the complaint. Now the

investigation is completed and charge sheet has been filed.

Accused Nos.2 and 3 are already enlarged on bail.

Petitioner is an agricultural labourer and he is in judicial

custody since 19.02.2019. He submits that the petitioner

will not visit the house of the victim and he may be

released by imposing stringent conditions. Accordingly he

seeks to allow the petition.

5. The

learned

counsel

appearing

for

the

complainant/victim represented by her mother submits

that, no complaint has been lodged by her or any of her

4

relatives. He submits that when the victim had been to

the hospital, from there she was brought to the police

station and the present case was registered.

6. The learned HCGP contends that the victim is a

young girl, aged about 13 years at the time of incident and

in view of prima-facie material, petitioner is not entitled to

the relief he has sought. Accordingly he seeks to reject

the petition.

7. I have perused the complaint averments as well

as the statement of the victim recorded under Section 164

of Cr.P.C. As per the school certificate, date of birth of the

victim is 28.06.2005 which shows that she was a minor at

the time of incident. The prosecution has alleged that the

parents of accused No.1 has performed the marriage of the

victim with accused No.1 and thereafter the accused No.1

committed penetrative sexual assault on her, on account

of which she became pregnant.

8. It is submitted that now the victim is with her

parents at Ganjal Village, Hunagund Taluk, B