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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF NOVEMBER 2020

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No. 5544 OF 2020

BETWEEN

Sri. Murthy @ Narasimhamurthy

S/o. Chikka Narasimhappa
Aged 25 years,
R/of Mareganahalli Village,
Kasaba Hobli,
Chikkaballapura-562101.
…Petitioner
(By Sri. B.R.Manjunath, Advocate)

AND

1. State of Karnataka
By Chikkaballapur Women Police
Represented by
State Public Prosecutor
High Court of Karnataka
Bengaluru-560001.

2. Kum. Usha,
D/o. Thirupathi,
Aged about 17 years,
R/of Shiruru Village,
Bagalakote-587120
Since Minor represented
By her natural guardian
And father Sri. Thirupathi.
…Respondents
(By Sri. B.J.Rohith, HCGP)
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This Criminal Petition is filed under Section 439

Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.55/2020 of Women Police Station, Chikkaballapura,
Chikkaballapura District, for the offence punishable under
Sections 363, 366, 376(2)(n) of IPC and Section 4, 6 of
POSCO Act and Section 9 of Prohibition of Child Marriage
Act.

This Criminal Petition coming on for orders through

video conferencing this day, the court made the following:

ORDER

Respondent No.2 is served and there is no

representation on her behalf.

2. This is a petition under section 439 of the Code of

Criminal Procedure. In Crime No. 55/2020 of the

respondent police station, initially the FIR was registered for

the offences punishable under section 363 of the Indian

Penal Code. In the charge sheet, the offences under sections

366 and 376 (2)(n)of the Indian Penal Code, sections 4 and 6

of POCSO Act and section 9 of the Prohibition of Child

Marriage Act have been invoked.

3. Heard both sides.

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4. Perusal of the statement of the victim girl shows

that while she and the petitioner were working as coolies,

fell in love with each other. They got married also. The

petitioner took the girl to his house and had physical contact

with her. The police took the girl to the women police station

when she was in the house of the petitioner. Therefore, it is

clear that only for the reason that the age of the girl is 17

years, it appears that the police have invoked the POCSO

Act. Since investigation is completed and that the

petitioner’s presence can be secured for trial, I am of the

opinion that bail can be granted. Hence, I pass the following

order : -

(a) Petition is allowed.

(b) Petitioner shall be released on bail on

obtaining from him a bond for Rs.1,00,000/-

and two sureties for the likesum to the

satisfaction of the trial court. He is also

subjected to the following conditions : -

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(i) He shall not tamper with the

evidence and threaten the

witnesses.

(ii) He shall regularly appear before

the trial court till conclusion of

trial.

Sd/-
JUDGE

ckl