- 1 - HC-KAR NC: 2025:KHC:28059 CRL.P No. 9300 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9300 OF 2025 BETWEEN: SUDHA W/O MUTHARAJ AGED ABOUT 28 YEARS R/AT DONGANIDODDI VILLAGE MAHARAJAKATTE, KANAKAPUR TOWN, RAMANAGARA DISTRICT PINCODE - 562 117. …PETITIONER (BY SRI A. GOVINDARAJU, ADV.) AND: 1. STATE OF KARNATAKA BY SHO, KODIHALLI P.S RAMANAGARA - 562 119 REPRESENTED BY GOVT.PLEADER HIGH COURT BUILDING BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP; NOTICE TO R-2 H/S DTD:23.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HER ON BAIL IN SPL.C NO.144/2024 AND CR.NO91/2024 FOR ALLEGED O/P/U/S 363,344,376,312 OF IPC, 4,6 AND 19 OF POCSO ACT 2012 AND 9,10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006, CHARGE SHEET FILED BY THE KODIGEHALLI POLICE, RAMANAGARA NOW PENDING ON THE FILE OF HONBLE 3RD ADDL.DIST. AND SESSIONS JUDGE, RAMANAGARA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28059 CRL.P No. 9300 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Special Case No.144/2024 pending before the Court of III Addl. District and Sessions Judge and Special Judge, Ramanagara, arising out of Crime No.91/2024 registered by Kodihalli Police Station, Ramanagara, for the offences punishable under Sections 363, 344, 376 and 312 of IPC, Sections 4, 6 and 19 of POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 438 of Cr.P.C. seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.91/2024 was registered by Kodihalli Police Station, Ramanagara, initially for the offence punishable under Section 363 of IPC against accused No.1 - Mutharaj based on the first information dated 10.06.2024 received from - 3 - HC-KAR NC: 2025:KHC:28059 CRL.P No. 9300 of 2025 respondent No.2, who is the mother of the victim girl aged 16 years. During the course of investigation, accused No.1 - Mutharaj was arrested and after completing investigation, charge sheet has been filed against two persons for the aforesaid offences. Petitioner, who is the wife of accused No.1 - Mutharaj is arraigned as accused No.2 in the charge sheet. Apprehending arrest in the case, she had filed Crl.Misc.No.1026/2024 before the Trial Court which was rejected on 04.01.2025. Therefore, she is before this Court. 4. Perusal of the material on record would go to show that FIR was initially registered for the offence punishable under Section 363 of IPC against Mutharaj, who is the husband of the petitioner, after the victim girl was found missing from her house. During the course of investigation, Mutharaj was arrested on 25.06.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him and his wife, who is the petitioner herein. In the charge sheet, it is alleged that Mutharaj had developed illicit relationship with the victim girl and had sexual intercourse with her against her wishes. Subsequently, accused Nos.1 and 2 - 4 - HC-KAR NC: 2025:KHC:28059 CRL.P No. 9300 of 2025 allegedly took the victim girl to Vani Vilas Hospital at Bengaluru and pregnancy of the victim girl was terminated in the said Hospital on 01.04.2024. It is under these circumstances, petitioner has been arraigned as accused No.2 in the present case. Undisputedly, petitioner has no other criminal antecedents. She is a married lady aged about 28 years, who has allegedly assisted her husband to take the victim girl to the Hospital for the purpose of terminating her pregnancy. Under the circumstances, I am of the opinion that the prayer made by her for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Special Case No.144/2024 pending before the Court of III Addl. District and Sessions Judge and Special Judge, Ramanagara, arising out of Crime No.91/2024 registered by Kodihalli Police Station, Ramanagara, for the offences punishable under Sections 363, 344, 376 and 312 of IPC, Sections 4, 6 and 19 of POCSO Act, - 5 - HC-KAR NC: 2025:KHC:28059 CRL.P No. 9300 of 2025 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN