Kiran vs State By Harohalli Police Station, Rep. By Its State Public Prosecutor, High Court Of Karnataka, High Court Building, Bengaluru - 560001 & Others

S Vishwajith Shetty, J

Accused No.1 in Crime No.237/2023 registered by Harohalli Police Station, Ramanagara for the offences punishable under Section 376 of IPC, Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 and 11 of Prohibition of Child Marriage Act, 2006 is before this Court under Section 438 of Cr.P.C.

Heard the learned counsel for the parties.

Respondent No.2 is served and has remained absent. Respondent No.3 is represented by the learned counsel.

F.I.R. in Crime No.237/2023 was registered by Harohalli Police Station, Ramanagara, against the petitioner, his parents and also against the parents of the victim girl for the aforesaid offences. Complainant who is the Child Welfare Officer attached to Women and Child Welfare Department, Harohalli, Ramanagara has lodged the typed complaint on 21.08.2023 before the Station House Officer, Harohalli Police Station, Ramanagara, wherein it is averred that she had received a credible information that marriage of the victim girl who was aged about 17 years 2 months was solemnized with the petitioner on 24.04.2023 by the parents of both the parties. Victim girl was pregnant by six weeks. It is in this background, she had approached the Police and lodged the complaint, which had resulted in registering F.I.R. in Crime No.237/2023 by Harohalli Police Station.

Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.782/2023 before the Court of I Additional District and Sessions Judge, Ramanagara, which was rejected on 03.10.2023. Therefore, he is before this Court.

Learned counsel appearing for the petitioner submits that marriage of the petitioner with the victim girl was performed by parents of both the parties. Parents of the victim girl had suppressed the age of the victim girl. It is only after the complaint was lodged, petitioner came to know about the age of the victim girl. Petitioner has no criminal antecedents. The parents of the petitioner and victim girl have been granted anticipatory bail by the learned Sessions Judge. Victim girl is pregnant and petitioner's presence besides her is required to take care of her. Accordingly, he prays to allow the petition.

Per contra, the learned HCGP has opposed the bail application.

Learned counsel for respondent No.3 who is the maternal uncle of the victim girl states that F.I.R. was registered based on the complaint made by the Child Welfare Officer. The petitioner and victim girl are married and they are rustic villagers. Victim girl and parents of the victim girl have no objection to allow the petition.

It is not in dispute that marriage of the petitioner with the victim girl was solemnized on 24.04.2023 by the parents of both the parties. Date of birth of the victim girl is 29.05.2006. As on this date victim girl has completed 17 years of age. Learned counsel for the petitioner submits that age of the victim girl was suppressed by her parents. Victim girl who is the wife of the petitioner is now pregnant and she is required to be taken care of. Learned counsel for respondent No.3 submits that prayer made by the petitioner can be allowed. The allegations made against the accused persons requires to be proved in a full fledged trial. Considering the nature of allegation, I am of the view that, custodial interrogation of the petitioner may not be required in the present case. Under these circumstances, I am of the view that, petitioner prayer for grant of anticipatory bail is required to be answered in affirmative. Accordingly, the following:

ORDER

The petition is allowed.

The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.237/2023 registered by Harohalli Police Station, Ramanagara for the offences punishable under Section 376 of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 and 11 of Prohibition of Child Marriage Act, 2006 subject to the following conditions:

The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

The petitioner shall not involve in similar offences in future.