MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two separate petitions are filed under Sec. 438 Cr.P.C. seeking anticipatory bail in Crime No.47/2023 of Gajendragad Police Station for the offences punishable under Sec. 376(2)(n) of IPC, Ss. 5 and 6 of the Protection of Children From Sexual Offences Act and Ss. 9, 10 and 11 of Child Marriage Restraint Act.

(2.) While Criminal Petition No.101283/2023 is filed by accused Nos.2 and 3, who are the parents of victim, Criminal Petition No.101288/2023 is filed by accused Nos.4 and 5, who are the parents of accused No.1. It is a case of child marriage of prosecutrix performed by accused Nos.2 to 5 with accused No.1 and forcing her to lead marital life with him, resulting in her pregnancy and abortion.

(3.) The petitioners are seeking anticipatory bail contending that they are in no way concerned with the alleged offences. They have been falsely implicated based on the allegations made by the school teacher of the prosecutrix. At no point of time, the marriage of prosecutrix and accused No.1 was performed by the petitioners. There are no material to connect them with the allegations made in the complaint. The petitioners are ready and willing to abide by any conditions that may be imposed and prays to allow the petitions.