Lakkamma W/o Late Sharnappa Yadrami vs The State through Mahila P.S., Kalaburagi Represented by Addl. SPP

This petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C., seeking regular bail in Crime No.62/2016 of Mahila Police Station, Kalaburagi, registered for the offences punishable under Sections 370, 371, 373 r/w Section 149 of IPC, Sections 5, 5(A), 5(B) of Immoral Traffic Prevention Act, Sections 9, 10 and 11 of Child Marriage Restraint Act and Section 11 of Protection of Children From Sexual Offences Act.

Brief facts leading to filing of the complaint are that, The District Child Protection Officer, Kalaburagi, on 18.11.2016 filed a complaint alleging that, on 17.11.2016 he received a credible information to the effect that on 18.11.2016, marriage of a minor girl aged between 15 and 16 years is arranged with one Rakesh, aged 23 years who is resident of Gujaratha State and he has also contended in the complaint that the said girl was given in marriage agreeing to receive Rs.30,000/- and the said marriage has been arranged with an intention to have sexual intercourse and other malafide intention and for illegal transportation of the minor girl out of state for engaging her in immoral trafficking. It is further alleged that the other accused persons have also aided and assisted in doing the said act by the accused persons. In that light, a case has been registered against accused Nos.1 to 8 and they have been arrested and produced before the Court and now they are in judicial custody.

I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.

The main grounds urged by the learned counsel for the petitioner are that the petitioner is innocent and she has not committed any offence alleged against her. The petitioner is a woman, she is the mother of the victim and she was not having any knowledge about the alleged crime. It is also contended that there is no material to show that the petitioner is involved in the alleged crime. The alleged offences are not punishable with death or imprisonment for life. It is further contended that the offences have not yet taken place, but the accused persons have been arrested. The petitioner has got deep root in the society and has got both movable and immovable properties, therefore, there is no chance of she being absconded. Further, it is contended that if the petitioner is released on bail, she is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.

On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioner has committed a heinous offence of getting married minor girl with an ulterior motive and with an intention to harass the minor girl sexually. He has also contended that the petitioner has committed grave offences on a child and there is prima-facie case for the offences for which, case has been registered and as such investigation is still in progress. He has further contended that at this juncture, if the petitioner is released on bail, she may tamper with the prosecution witnesses, she may abscond and she may not be available for trial. On these grounds, he prays for dismissal of the petition.

I have gone through the copy of the FIR, complaint and other material produced along with the petition.

As could be seen from the complaint, it reveals that the accused persons were intending to get married to a minor girl with one Rakesh of Gujarath State by taking Rs.30,000/- and they had intention to have sexual intercourse and for illegal purpose they were transporting the said girl to the other State. Whether the alleged act of the petitioner is an offence or not is a matter which has to be adjudicated at the time of trial and not at this premature stage. The alleged offences are not punishable with death or imprisonment for life. When the petitioner is said to be the mother of the victim and whether she has knowledge about the alleged crime or not is a matter which has to be adjudicated at the time of trial. When the other accused have already been released on bail, even on the ground of parity, the petitioner is entitled to be released on bail. Leave apart that, when the petitioner is the permanent resident of Kalaburagi and ready to abide by the conditions to be imposed by this Court and ready to offer surety, in that light, I feel that by imposing some stringent conditions, if the petitioner is released no bail, it would safeguard the interest of the prosecution and it would meet the ends of justice.

For the above reasons, the petition is allowed and petitioner/accused No.4 is ordered to be released on bail, subject to the following conditions:

i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court;

ii. The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly;

iii. The petitioner shall make himself available to the Investigating Officer as and when required and co-operate for the investigation;

iv. The petitioner shall mark his attendance before the Investigating Officer once in fortnight till the charge sheet is filed;

v. The petitioner shall appear before the trial Court on all the dates of hearing without fail.