Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 56851 (KAR)

SRI HANUMANNA v. STATE OF KARNATAKA

CRL.P/11047/2025 · 2025-08-05

Sachin Shankar Magadum

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30454 CRL.P No. 11047 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11047 OF 2025 BETWEEN: 1. SRI HANUMANNA S/O. SRI. VENKATAPPA, AGED ABOUT 43 YEARS, R/AT. POTHAGANAHALLI, POTHAGANAHALLI POST, Y.N. HOSAKOTE HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT - 572 141. 2. SRI. YARASWAMY, S/O V.ERANNA AGED ABOUT 35 YEARS R/AT 3-255, B.C.COLONY PILLALAPALLI VILLAGE BUDIMEPALLI POST, ANANTHAPUR DIST., ANDHRA PRADESH - 515 763. …PETITIONERS (BY SRI. SHEKARAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BOMMANAHALLI POLICE STATION, NOW REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT COMPLEX BENGALURU - 560 001. 2. SRI. PUNDALIK, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30454 CRL.P No. 11047 of 2025 S/O SHIVALINGAPPA AGED ABOUT 30 YEARS CHILD LINE CO-ORDINATOR C/O CHILD HELP LINE 1098/112, DISTRICT CHILD PROTECTION UNIT BENGALURU CENTRAL, BENGALURU - 560 001. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASHING IN CR.NO.189/2025, FOR THE O/P/U/S 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 ON THE FILE OF BOMMANAHALLI P.S, ON THE FILE OF THE CJM AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by accused Nos.1 and 2, seeking quashing of the proceedings in Crime No.0189/2025, pending on the file of the Chief Judicial Magistrate, Bengaluru for the offences punishable under Sections 9,10,11 of Prohibition of Child Marriage Act, 2006. 2. Petitioner No.1, who is the father of petitioner No.2, and petitioner No.2, who is alleged to have - 3 - HC-KAR NC: 2025:KHC:30454 CRL.P No. 11047 of 2025 contracted marriage with a minor girl, have approached this Court seeking quashing of the proceedings, contending that there are no incriminating materials to proceed against them for the offences alleged. 3. The records reveal that a crime has been registered against the petitioners on the allegation that they have committed offences by compelling and facilitating the marriage of petitioner No.2 with one Ankitha, who is stated to be a minor at the time of the marriage. The allegations, if true, attract the provisions of the Prohibition of Child Marriage Act, 2006 and other allied penal provisions. Such offences are grave in nature and have far-reaching ramifications on society, as they concern the protection of children from exploitation and the preservation of their rights guaranteed under law. 4. Whether Ankitha, with whom petitioner No.2’s marriage was solemnized, was in fact a minor on the date of the alleged marriage is a matter that squarely falls - 4 - HC-KAR NC: 2025:KHC:30454 CRL.P No. 11047 of 2025 within the domain of investigation. It requires verification of her date of birth and other material evidence by the Investigating Officer. At this stage, in the absence of a completed investigation, it would be wholly inappropriate for this Court to grant indulgence or extend any interim protection to the petitioners. 5. In view of the seriousness of the allegations and the necessity for a thorough investigation into the circumstances of the marriage, this Court is not inclined to grant any indulgence at this juncture. Accordingly, the petition stands dismissed. Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CH List No.: 1 Sl No.: 42 CT: BHK