Jayalakshmi and Others vs State of Karnataka

A.V. Chandrashekara, J.—Both these petitions have arisen out of crime No. 4/2015 on the file of Krishnaraja Sub Division, Ashokpuram police station. The main petition in Crl. P. No. 1472/2015 is filed under section 438 of Cr.P.C. and the petitioner-accused No. 3 is apprehending arrest at the hands of respondent police, whereas the connected case Crl. P. No. 1538/2015 is filed under section 439 Cr.P.C. wherein the petitioner-accused No. 2 is seeking regular bail and he is in judicial custody. The alleged offences against the petitioners are under Sections 366 and 376 of IPC and under Section 9 of Child Marriage Restraint Act and under Section 6, 17 of POCSO Act.

Heard learned counsel for the petitioners and the learned Government Pleader.

Learned Government Pleader has vehemently opposed the bail application on the ground that prima facie case is forthcoming against the petitioners.

Perused the records. The main allegation is against accused No. 1 having married minor victim girl, aged 15 years and having sexual contact with the said girl. The allegation against these petitioners is that they had supported accused No. 1 in marrying the victim girl. Similarly placed accused has been released on bail by this Court in Crl. P. No. 1195/2015 on 23.3.2015. Thus, the petitioners in these cases are also entitled to be released on bail.

Accordingly, both the criminal petitions are allowed.

(i) Petitioner in Crl. P. No. 1538/2015 is granted bail, subject to the following conditions:--

"a) Petitioner shall be released on bail on executing a personal bond in a sum of Rs. 75,000/- with one surety, for the likesum to the satisfaction of the concerned Sessions Judge/JMFC.

b) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses.

c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.

d) Petitioner shall not involve in any criminal activities.

e) Petitioner shall attend the Sessions Court regularly on all dates of hearing and shall co-operate with the learned Sessions Judge to hold the trial.

f) Petitioner shall mark attendance at the Jurisdictional Police Station on every second Sunday of the month between 9 a.m. to 5 p.m. for a period of one year from the date of his release without fail.

g) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.

(ii) Petitioner in Crl. P. No. 1472/2015 is granted bail, subject to the following conditions:--

a) Petitioner shall surrender before the I.O. of the jurisdictional police station on or before 23.4.2015 and in such event, petitioner shall be released on executing a personal bond in a sum of Rs. 75,000/- with one surety for the like sum to the satisfaction of the I.O.

b) Petitioner shall cooperate with the I.O. for conducting investigation.

c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.

d) Petitioner shall not involve in any criminal activities.

e) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail."