VICTIM OF UNDERAGE MARRIAGE GIVES AFFADVIT STATING SHE DOENST HAVE PROBLEM ON THE ACVISED HER FUTURE HUSBAND TO BE ON BAIL: KARNATAKA HC
In the matter of Anjesh @ Boya Anjesh vs The Sate Of Karnataka on 22 November, 2022(CRIMINAL PETITION NO.9122/2022) presided by The Hon’ble Mr. Justice Rajendra Badamikar stated that This criminal petition is filed under section 439 of the criminal code, praying for the extension of the petitioner to kakuku in cr.No. (2)(n) ipc and under section 5(j)(ii) and 6 of the pocso act and sections 9 and 10 of the child marriage detention act, now pending on the file of the learned additional
The district and sessions judge, ramanagara district, ramanagara.
FACTS OF THE CASE
The brief factual matrix leading to the case is that on 24/09/2021 at about 18:36, ASI received an e-mail message from the Committee for the Welfare of Children (`CWC’ for short) allegedly stating that the victim aged about 15 years ago she was given in marriage and she is seven months pregnant and the email was forwarded to the president of the CWC and the members of the CWC protected the victim’s child on 17.09.2021. In this connection, a complaint was filed that the victim was married to the present petitioner during her minority in violation of the provisions of the Child Marriage Restraint Act and was also pregnant, from which it follows that a sexual assault took place. In this context, a criminal offense was registered against the petitioner and he was arrested as such, and the victim was subjected to a medical examination and then a statement pursuant to Section 164 of the Civil Code. was also recorded. The petitioner was taken into judicial custody and the investigating officer in time submitted an indictment for criminal offenses punishable under § 363, § 376 paragraph 2 letter n) and Section 376(3) of the IPC and also under Sections 5(j)(ii) and 6 of the POCSO Act and Sections 9 and 10 of the Prohibition of Child Marriage Act. Thereafter, the petitioner approached the concerned Magistrate for bail seeking bail and that petition was rejected and hence he is before this Court
JUDGMENT
The Hon’ble Mr. Justice Rajendra Badamikar observed that –
In view of the above circumstances, I do not find any bar to admit the petitioner/accused on bail subject to certain conditions. However, the concern raised by the learned HCGP can be protected by imposing certain conditions. The petition must therefore be granted and I therefore proceed as follows:
ORDER
- a) The petition is allowed.
- b) The petitioner/defendant is ordered to be granted bail in Crime No. 291/2021 Bidadi Police Station, Ramanagara District, registered for criminal offenses under Sections 363, 376(2)(a). n) and 376 paragraph 3 tr. IPC and under Section 5(j)(ii) and 6 of the POCSO Act and Sections 9 and 10 of the Child Marriage Restraint Act, his enforcement of personal bond, in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the same amount to the satisfaction of the court concerned, subject to the following conditions:-
- i) The petitioner will not directly or indirectly manipulate the prosecution witnesses;
- ii) the petitioner will not commit similar crimes;
iii) The petitioner does not leave the jurisdiction of the trial court without the prior permission of the trial court;
- iv) The Petitioner shall appear before the Court on all hearing days, unless excused by a special order.
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JUDGEMENT REVIEWED BY HARSHA L NALWAR