IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2189 OF 2019 BETWEEN:
ABHISHEK S/O SHIVANANJE GOWDA AGED ABOUT 24 YEARS R/O HIRKADALURU VILLAGE DUDDA HOBLI, HASSAN TALUK HASSAN DISTRICT–573 201 ...PETITIONER (BY SRI GIRISH B. BALADARE, ADVOCATE) AND:
HASSAN WOMEN POLICE HASSAN STATE BY CIRCLE INSPECTOR OF POLICE, RURAL CIRCLE HASSAN DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU–560 001 …RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.69/2018 REGISTERED BY HASSAN WOMEN POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 366(A) AND 376 OF IPC AND SECTIONS 4 AND 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail in Crime No.69/2018 of Hassan Women Police Station for an offence punishable under Section 366A of IPC.
2. I have heard learned counsel for the petitioner, learned High Court Government Pleader for respondent-State and perused the records.
3. The respondent – police have registered a case against the petitioner on the allegation that CW.2, the victim girl who was aged about 17 years was taken by the petitioner on the ground that he fell in love with her and took her to Hassan and went to Bhadravathi and other places and they stayed in Hotel rooms in different places and enjoyed sex with each other. As the victim girl, who was aged 17 years, the police have registered a case for the offences under Sections 366-A and 376 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
4. Taking into consideration the age of the girl, who has crossed already 17 years and it has to be established by the prosecution during the course of the trial that she was below the age of 18 years. Giving benefit of one year on either side, the Court has to take into consideration the facts and circumstances of that particular case. The victim girl herself has stated in her 166 statement before the jurisdictional Magistrate that she fell in love with the petitioner and they were loving each other and they were also accepted to marry each other. In this context, it appears they went together and enjoyed sex freely with consent. During the course of evidence, if she is proved to be more than 18 years or even she comes within the parameter nearing to 18 years, in such an eventuality, the Court has to consider the said aspect for the purpose of strong inference either against the petitioner.
5. Under the above said circumstances and in view of the fact that, the petitioner who is also young age and he is studying, in my opinion, the bail may be granted in such circumstances. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Special Case No.742/2018 on the file of Additional District and Sessions and Special Judge at Hassan [Crime No.69/2018 of Hassan Police Station] for an offence punishable under Section 366A of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE cp*