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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 13^TH DAY OF NOVEMBER 2018

BEFORE

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

CRIMINAL PETITION NO.101659/2018

BETWEEN

1.SRI. SHEKHARAPPA S/O SHANMUKHAPPA HARLAPUR,

AGE.58 YEARS, OCC.AGRICULTURIST,

R/O: VANAGERA,TAL. KUSHTAGI

DIST. KOPPAL.

2.SMT. NAGAMMA

W/O LATE HANUMAMANTHAPPA GURIKAR,

AGE: 55 YEARS,OCC: AGRICULTURIST

R/O. K. BODUR,TAL. KUSHTAGI,

DIST. KOPPAL.

3.SMT. DODDAMMA W/O SHEKHARAPPA HARLAPUR,

AGE:52 YEARS,OCC: HOUSEHOLD,

R/O VANAGERA,TAL. KUSHTAGI,

DIST. KOPPAL.

... PETITIONERS

(BY SANTOSH B MALAGOUDER, ADV.)

AND

THE STATE OF KARNATAKA,

THROUGH PSI, KUSHTAGI POLICE STATION

REPRESENTED BY ITS ADDL STATE PUBLIC PROSECUTOR,

SPP OFFICE,HIGH COURT OF KARNATAKA,

DHARWAD.

... RESPONDENT

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(BY SRI. PRAVEEN K UPPAR, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C., SEEKING TO ENLARGE THE PETITIONERS ON BAIL IN

KUSHTAGI

PS.CRIME

NO.216/2018

FOR

THE

OFFENCE

PUNISHABLE UNDER SECTIONS 376, 109 OF IPC R/W SECS.6, 17

OF POCSO ACT AND U/SECS.10 & 11 OF CHILD MARRIAGE

RESTRAINT ACT.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

The petition is filed under Section 439 of Cr.P.C. seeking to

enlarge the petitioners on bail in Cr.No.216/2018 of Kushtagi Police

Station registered for the offences punishable under Sections 376,

109 of IPC R/w. Sec. 6, 17 of POCSO Act.

2.

Heard the learned counsel for the petitioners and the

learned High Court Government Pleader for the respondent - Police.

3.

The brief facts of the case are that on 11.08.2018

in-charge District Child Protection Officer Sri. Ravindra Navadagi

had informed over telephonic message to one Ravikumar S/o Late

Ningappa Pawar that about three years ago the marriage of the

victim/minor girl was performed at vanagera village at the age of

15 years with accused No.4-Saibaba Gurikar, who is college student

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studying in PUC-II. The accused No.4 used to take the victim girl to

his place during the festival occasion and in every such visit and

whenever accused No.4 finds opportunity, at that time he

committed sexual assault on the victim girl, when the victim girl

complaining of stomach pain, the matter came up to light that she

is carrying five months pregnancy and she is admitted in the

hospital, thus on this incident the higher officer of the complainant

directed the complainant to visit the hospital and to file complaint

against the accused persons. The petitioners Nos. 1,2,3 are

respectively accused Nos.1,2,5 in other words petitioner No.1 is the

father of the victim girl, petitioner No.2 mother-in-law of the victim

girl, petitioner No.3 is the mother of the victim girl.

4.

The learned counsel for the petitioners submits that,

it was the case of the marriage between accused No.4 and the

victim girl. However, complainant, who is a social worker has

interfered and created confusion and moreover the petitioner No.1

is the father of the victim, petitioner No.2 mother-in-law of the

victim, petitioner No.3 is the mother of the victim girl.

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5.

Per contra, learned HCGP opposes the petition filed

by the petitioners on the count that incident committed on the

minor girl discloses that her parents and other relatives together

have performed child marriage and the accused No.4 knowing fully

well that he is marrying with a minor/victim girl, accused No.4

committed forcible sexual intercourse on her which comes within

the meaning of the POCSCO Act.

6.

In the context and circumstances of the case, no

prejudice would be caused to the prosecution, if the petitioners are

enlarged on bail. However, apprehensions of the prosecution could

be resolved by imposing conditions. Hence, the following:

ORDER

Petition filed under Section 439 of Cr.P.C. is allowed. T