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Judgment
Accused No.2 in Crime No.154 of 2026 registered by Bengaluru District Women Police Station, Bengaluru District for offences punishable under Section 9 of Prohibition of Child Marriage Act, 2006, Sections 6, 5(L), 5(n), 4(2) of POCSO Act, 2012 & Sections 108 & 137(2) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.
Heard the learned counsel for the parties.
FIR in Crime No.154 of 2026 was registered by Bengaluru District Women Police Station, Bengaluru District against one Kumar and petitioner herein based on the first information dated 10.06.2026 received from respondent no.2, who is the mother of the deceased girl, aged 16 years. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.1295 of 2026 before the jurisdictional Sessions Court, which was rejected on 03.07.2026. Therefore, she is before this Court.
Perusal of the material on record would go to show that, the deceased and accused no.1 who were in love got married against the wishes of the parens of the victim girl and they were staying in the house of accused no.2, after marriage. It appears that subsequently, daughter of the first informant had committed suicide by hanging herself in her matrimonial house. It is under the circumstances, FIR was registered against the accused persons.
There is no specific allegation against the petitioner which would attract the offence invoked in FIR . There is no such allegation that petitioner had abetted her son accused no.1 to commit the offences invoking under the provisions of POCSO Act, 2012 nor there is any allegation against the petitioner that she had either instigated or abetted the victim girl in any manner to commit suicide.
Petitioner who is a lady aged 52 years has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following:-
ORDER
The Criminal 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 Crime No.154 of 2026 registered by Bengaluru District Women Police Station, Bengaluru District for offences punishable under Section 9 of Prohibition of Child Marriage Act, 2006, Sections 6, 5(L), 5(n), 4(2) of POCSO Act, 2012 & Sections 108 & 137(2) of BNS, 2023, subject to the following conditions:-
The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and she shall co-operate with the Police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.