- 1 - NC: 2025:KHC:8082 CRL.P No. 2145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 2145 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: SMT. RADHA W/O. DAMODARAN, AGED ABOUT 54 YEARS, R/AT ORAKKUNNAMKAD, MANGALAM, VADAKKANCHERI II PALAKKAD, ANJUMOORTH, KERALA - 678 662. …PETITIONER (BY SRI. A. V. RAMAKRISHNA, ADVOCATE) AND: 1. THE STATE BY PSI RAMANAGARA WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. 2. VICTIM REPRESENTED BY HER MOTHER, SMT. MUNILAKSHMI, W/O. SEENAPPA, AGED ABOUT 37 YEARS, R/AT ANANDAPPAS VATHARA RAILWAY STATION ROAD, BIDADI HOBLI, RAMANAGAR - 562 109 …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1) Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:8082 CRL.P No. 2145 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO RELEASE HER ON BAIL IN CR.NO.16/2022 OF RAMANAGAR WOMEN POLICE STATION FOR THE OFFENCES P/U/S 363, 376(2)(n) AND 114 OF IPC AND U/S 4, 5(L) AND 6 OF POCSO ACT 2012 AND U/S 9 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, NOW PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, RAMANAGAR IN SPL. CASE NO.86/2022. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL ORDER Learned High Court Government Pleader takes notice for respondent-State. 2. Considering the facts of the case, notice to respondent No.2 is dispensed with. 3. This criminal petition is filed under Section 439 of Cr.P.C. seeking regular bail in Crime No.16/2022 registered by Ramanagar Women Police Station, Ramanagara District and charge sheeted for the offences punishable under Sections 363, 376(2)(n) ad 114 of IPC, and under Sections 4, 5(L) and 6 of POCSO Act, 2012 and under Sections 9 and 11 of Prohibition of - 3 - NC: 2025:KHC:8082 CRL.P No. 2145 of 2025 Child Marriage Act, 2006, now pending on the file of I Additional District and Sessions ad Special Judge, Ramanagar in Special Case No.86/2022. 4. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 5. The case of the prosecution is that on the complaint of the complainant, the police registered a case on 01.02.2022. It is alleged in the complaint that, on 18.01.2022 at about 5.00 p.m., accused No.1 said to be abducted the victim minor daughter, residing at Anandappa's vathara, near Railway Station Road, Bidadi Hobli, Ramanagar district from lawful custody of her parents and taken her to Vadakkancheri-2 Village, Halathuru Taluk, Palakkad District, Kerala State. He took her to Bhadrakaali temple and said to be married her. Later, accused Nos.2 and 3 performed the marriage of accused No.1 with the minor victim girl and allowed her to stay in their house. Thereafter, the police said to be registered a case against the petitioners for the offences punishable under Sections 363, 376(2)(n), 114 of IPC, and under Sections 4, - 4 - NC: 2025:KHC:8082 CRL.P No. 2145 of 2025 5(L) and 6 of POCSO Act, 2012, and under Sections 9 and 11 of Prohibition of Child Marriage Act, 2006, and charge sheet came to be filed. 6. Previously, the present petitioner said to be obtained anticipatory bail and appeared before the police. Later, after surrendering before the police, the petitioner had not approached the Court seeking regular bail. NBW was issued and it was executed on 05.11.2024 and bail of the petitioner came to be rejected. The allegation against accused No.1 is abducting the minor girl, commission of sexual assault on the minor victim girl. The offence against the petitioner is that she has facilitated accused No.1, who is said to be her son, with accommodation and allowed them to stay in their house. Accused No.1 said to be married minor girl which attracts the offences under Section Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 and Section 114 of IPC. Previously, this petitioner got released on anticipatory bill and thereafter, she did not appear before police. Therefore, NBW has been executed. Now, the petitioner is in custody for more than 51/2 months. Therefore, the petitioner being a woman is entitled for - 5 - NC: 2025:KHC:8082 CRL.P No. 2145 of 2025 special consideration. The allegation against the petitioner is not serious than that of accused No.1. Therefore, she is entitled for bail. 7. In the result, I pass the following: ORDER The petition is allowed. The trial Court is directed to release the petitioner on bail, in Crime No.16/2022 registered by Ramanagar Women Police Station, Ramanagara District and charge sheeted for the offences punishable under Sections 363, 376(2)(n) ad 114 of IPC, and under Sections 4, 5(L) and 6 of POCSO Act, 2012 and under Sections 9 and 11 of Prohibition of Child Marriage Act, 2006, subject to the following conditions:- (i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the trial Court; (ii) Petitioner shall attend the case without any absence and take trial. - 6 - NC: 2025:KHC:8082 CRL.P No. 2145 of 2025 (iii) If any of the bail conditions is violated, the trial Court is permitted to cancel the bail of the petitioner and keep her in custody and conduct trial. Sd/- (K.NATARAJAN) JUDGE CS List No.: 2 Sl No.: 2 CT:SK