Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3756 OF 2025 BETWEEN: SRI. JAYANNA, S/O. THIPPESWAMY @THIPPANNA, AGED ABOUT 32 YEARS, RESIDENT OF JAGANURAHATTI, NAYAKANA HATTI HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577536. …PETITIONER Digitally (BY SRI. BALARAJ A C., ADVOCATE) signed by SWAPNA V Location: High Court AND: of Karnataka 1. STATE OF KARNATAKA STATION HOUSE OFFICER, NAYAKANAHATTI POLICE STATION, THALAK SUB-DIVISION, CHITRADURGA DISTRICT-577536 REPRESENTED BY STATE PP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. XXXX …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDL. SPP) -2- THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNNS) PRAYING TO ORDER OF ENLARGING THE PETITIONER ON BAIL IN CRIME NO.78/2024 ON FILE OF NAYAKANAHATTI POLICE STATION FOR ALLEGED COMMISSION OF O/U/S 363, 366, 114 AND 149 OF THE IPC AND SECTIONS 9 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT NOW, PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE AND JMFC, CHALLAKERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Crime No.78/2024 registered by
Nayakanhatti Police Station, Chitradurga, for offences punishable under Sections 363, 366, 114, 149 of the Indian Penal Code (for short, 'IPC') and Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 (for short, 'PCMA') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.78/2024 was registered by
Nayakanhatti Police Station, Chitradurga, initially for offences punishable under Sections 363 and 366 against Chandru and the petitioner on the basis of the first information dated -3- 02.05.2024 received from Jayanna.O, who is the father of the victim girl aged about 16 years.
4. During the course of investigation of the case,
petitioner herein was arrested on 28.01.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioner in Crl.Misc.No.127/2025 before the Jurisdictional Sessions Court which was rejected on 22.02.2025. Therefore, the petitioner is before this Court.
5. Learned counsel for the petitioner submits that
accused No.1 is the maternal uncle of victim girl. Petitioner who is the friend of accused No.1 has been falsely implicated in the present case. He is a married man and he is in custody from 28.01.2025. Major portion of the investigation is already completed. Accordingly, prays to allow the petition.
6. Per contra, learned Additional SPP who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner.
7. Perusal of the material on record would go to show
that accused No.1. - Chandru is the younger brother of Smt. Kamalamma, who is the wife of the first informant in the present case. Victim is the daughter of first informant and Smt. -4-
Kamalamma. Allegation against accused Nos. 1 and 2 is that, they had come to the house of the first informant and had forcibly taken their minor daughter and thereafter, accused No.1 had married the minor girl. So far as the petitioner is concerned, allegation against him is that, he had helped his friend - accused No.1 for the purpose of abducting the minor girl from her house. Petitioner who is a married man, having no criminal antecedents is in custody from 28.01.2025. Major portion of the investigation is already completed. Considering the nature of the allegations found against the petitioner who has no other criminal antecedents and also considering the stage of the investigation of the case, I am of the opinion that the prayer made by the petitioner for grant of regular bail is
required to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.78/2024 registered by Nayakanhatti Police Station, Chitradurga, for offences punishable under Sections 363, 366, -5- 114, 149 of IPC and Sections 9 and 11 of PCMA, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 64