IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.7840/2017 BETWEEN:
Abhishek @ Abhi @ Shivanand K P Aged about 23 years R/at Kaduvanahalli Village Nonavinakere Hobli Tiptur Taluk Tumakuru District-541 012. .. PETITIONER (By Sri Lakshmikanth K, Adv.) AND:
State of Karnataka By Nonavinakere Police Station Tumakuru District Represented by the State Public Prosecutor High Court Building Bangalore-560 001. .. RESPONDENT (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.76/2017 of Nonavinakere P.S., Tumakuru and Spl.C.C.No.401/2017 pending on the file of III Additional Sessions Judge, Tumakuru for the offences punishable under Sections 366(A) and 376 of IPC and Section 6 of POCSO Act and Section 9 and 10 of Prohibition of Child Marriage Act, 2006.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 366-A, 376 of IPC, Section 6 of POCSO Act and Sections 9 and 10 of Child Marriage Restraint Act registered in respondent Police Station Crime No.76/2017.
2. Brief facts of the case are that on 10.05.2017 at about 10:30 a.m, the complainant i.e., mother of the victim went along with victim and left her in karadalu Santhe Maidan (Shandy Maidan), and asked her to go to the college in a auto rickshaw, and bring admission ticket, and then the mother of victim went to her work. At about 05.30 p.m., when the complainant returned to her house, she found that her daughter (victim) did not return to house. In spite of search, her daughter was not traced out. Thereafter, she came to know that accused kidnapped her daughter, and on suspicion she filed a complaint. On the basis of the said complaint, the case was registered by the respondent police.
3. On the basis of the complaint, firstly, the case was registered under section 363 of IPC against the petitioner herein and subsequently, after recording the statement of the victim girl, the other offences were added to the said case.
4. I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.
5. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record and the statement of the victim girl recorded under Section 164 of Cr.P.C. before the Magistrate Court. I have also perused the order passed by the Court below on the bail application.
6. Looking to the statement of the victim girl recorded under Section 164 of Cr.P.C. before the Magistrate at Tiptur, she has clearly stated that in spite of her protest and though she was not willing, the petitioner committed sexual intercourse on her. I have perused FSL report. Ten articles were sent for FSL examination. Item No.10 of the material examination is the one underwear. Looking to the opinion of the FSL, on the seminal stains, it is mentioned that seminal stains were detected on item No.10. Therefore, these materials prima facie go to show the involvement of the petitioner in committing the alleged offences. Hence, looking to the materials on record, I am of the opinion that it is not a fit case to exercise discretion in favour of the petitioner. The criminal petition is accordingly rejected.
Sd/- JUDGE Cs/-