IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7183/2017 BETWEEN:
Ajay Dev M @ Lakki S/o Late Muttu Aged about 20 years R/at Ananda Marga Children Home Jnanaganganagara Jnanabharathi Shivakumaraswamy Mantappa Mariyappana Palya Bangalore-541 072. ... PETITIONER (By Sri Lakshmikanth K, Adv.) AND:
State of Karnataka By Peenya Police Station Represented by its Public Prosecutor High Court Building Bangalore-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.413/2017 of Peenya P.S., Bangalore, for the offences P/U/Ss 366, 376 of IPC and Sections 5(L), 6 of POCSO Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 366, 376 of IPC and under Sections 5(L) and 6 of the POCSO Act and also under Section 9 of the Child Marriage Act registered in respondent police station Crime No.413/2017.
2. The case of the prosecution as per the complaint averments is, on 30.6.2016 the complainant one by name Krishnappa S/o Ramanna gave a complaint before the respondent police alleging that he is residing at Lakkanna Building, Anjenya Temple Road, Thippenahalli, Nagasandra Post, Bangalore from 4 years. He is working in a Toyota company and his native is Huliyuru Durga, Kunigal Taluk, Tumkur District. He is having a daughter aged 16 years studying in 1st PUC in Peenya Government P.U. College. One Lakki resident of Mallathalli was in contact with his daughter from two years, with whom she stayed for a period of 15 days and again she came back. On 29.06.2017 at about 9.30 a.m the daughter of the complainant without informing him had gone out from the house and not returned back and thereafter, complainant searched for her whereabouts, but she was not traced. The complainant has suspected the said Lakki and filed the complaint. Initially, case was registered for the offence under Section 363 of IPC, but after investigation, police have filed charge sheet for the other offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record and also the order of the learned Sessions Judge rejecting the bail application of the petitioner.
5. Looking to the complaint averments it is seen that the victim girl was in contact with the petitioner even on earlier occasions also. The complainant himself has stated that on earlier occasion the victim went and stayed with the petitioner for a period of 15 days.
6. I have also perused the statement of the victim girl wherein she has stated that she was talking to the petitioner in the mobile phone given to her by the petitioner and when the family members have seen the mobile charger in the house then they came to know about the affair of the victim girl with the petitioner.
7. Learned High Court Government Pleader has contended that victim is a minor and even if there is a consent it is immaterial.
8. The materials placed on record prima facie shows that even on earlier occasions the victim girl had stayed with the petitioner. Therefore, even if it is assumed that there is sexual intercourse between the two, it is consensual in nature.
9. The petitioner has contended in the petition that he is innocent and not committed the alleged offences and he has undertaken to abide by any reasonable conditions to be imposed by this Court. Now the investigation is completed and chargesheet is filed. The alleged offences are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with bail.
10. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 366, 376 of IPC and under Sections 5(L) and 6 of the POCSO Act and also under Section 9 of the Child Marriage Act registered in respondent police station Crime No.413/2017 subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp