1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3911 OF 2018
BETWEEN:
SRI SYED MUJAHID
S/O LATE GULZAR,
AGED ABOUT 26 YEARS,
R/AT 1ST CROSS, ANEPALYA,
NEELASANDRA,
BENGALURU-560047. … PETITIONER
(BY SRI:M.R. NANJUNDA GOWDA, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY PSI WOMEN POLICE STATION KOLAR,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560001. … RESPONDENT
(BY SRI: S.VISHWA MURTHY, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.7/2018 OF
KOLAR WOMEN POLICE STATION, KOLAR DISTRICT FOR THE
OFFENCES PUNISHABLE UNDER SECTION 5(L)(6) OF
PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT,
SECTION 9 AND 10 OF CHILD MARRIAGE RESTRAINT ACT,
SECTIONS 3, 4 OF DOWRY PROHIBITION ACT AND SECTIONS
376(2),498(A),506 R/W 149 OF IPC.
2
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
This petition is filed under section 439 of Cr.P.C.,
2. The case is registered under sections 5(L), 6 of
Protection of Children from Sexual Offences Act, 2012, Sections
9 and 10 of Child Marriage Restraint Act, Sections 3 and 4 of
Dowry Prohibition Act, 1961 and under sections 376(2), 498A,
506 and 149 of Indian Penal Code, based on the complaint
lodged by the wife of the petitioner. It is alleged that when the
complainant was 14 years old, the petitioner committed sexual
assault on her. Thereafter, she was forced into marriage in
violation of the Child Marriage Restraint Act, 1929. At the time of
performance of the marriage, dowry was demanded and it was
paid to the petitioner. It is further alleged that the petitioner
has been ill-treating and harassing her and subjecting her to
physical and mental cruelty in the matrimonial home.
3. The petitioner has been in custody since 12.04.2018
and substantial investigation having been completed, the
custody of the petitioner is not required to be extended any
3
further. Various allegations made against the petitioner are
required to be substantiated during trial.
4. Accordingly, the criminal petition is allowed.
a) Petitioner is ordered to be enlarged on bail on
furnishing a bond in a sum of Rs.1,00,000/-
(Rupees One Lakh only) with one surety for the
likesum to the satisfaction of the jurisdictional
court.
b) Petitioner shall appear before the court as and
when required.
c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever manner.
d) Petitioner shall not get involved in similar
offences.
e) Petitioner shall not leave the jurisdiction of the
Trial Court without prior permission of the Trial
Court.
Sd/-
JUDGE
*mn/-
