IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4167/2019 BETWEEN:
AKASH.S.
S/O SHRINIVAS AGED ABOUT 20 YEARS R/AT NO.30, 2ND MAIN 4TH CROSS, MARAPPA LAYOUT RAJARAJESHWARINAGAR BENGALURU- 577 201 …PETITIONER (BY SRI HASMATH PASHA, SENIOR COUNSEL A/W SRI KALEEM SABIR, ADVOCATE) AND:
STATE BY RAJARAJESHWARI POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA 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 CRIME NO.70/2019 OF RAJARAJESHWARI NAGAR POLICE STATION, BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 OF IPC AND UNDER SECTION 5(j)(ii) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Senior Counsel for the petitioner and the learned HCGP appearing for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Crime No.70/2019 registered for the offence punishable under Section 376 of IPC and under Section 5(j) (ii) and (6) of the Protection of Children from Sexual Offences Act, 2012.
3. The brief allegations made are that the victim girl was aged about 17 years and she fell in love with accused and infact victim girl was living in the house of one Mr.S.K.Peter who is no other than brother-in-law of the complainant Smt.Asha. Victim girl was studying in S.S.L.C and after examination, it appears that the accused as well as the said victim girl used to join together and freely wandering together. In this context, it is alleged that on 15.04.2019, victim girl complained about stomach pain. She was taken to B.G.S. Gims & Hospital and came to know that she is pregnant of four months. Thereafter, they came to know that the accused and the victim have joined together on many occasions and that has resulted in pregnancy of the victim girl.
4. Accused was also aged 20 years. It is stated that he also persuaded her to marry him. Even infact, records disclose that elders have also decided to perform their marriage, but because of the age of the girl the marriage could not be performed.
5. Looking into the above facts and circumstances and considering the comparative age of the accused and the victim, they were in the age of infatuation. Perhaps, both of them have contacted with each other because of the love affair that had taken place between them. Though some materials show that she is approximately aged about 17 years, but during the course of evidence that has to be clarified and further it has to be established that though she was aged 17 years, she was not in a position to take her own decision.
6. Under the above facts and circumstances, considering the age of the victim girl and also the love affair between the victim and the accused, I am of the opinion that petitioner is entitled to be enlarged on bail particularly under Section 439 of Cr.P.C. Hence, the following:
O R D E R The petition is allowed. The petitioner shall be released on bail in connection with Crime No.70/2019 of Rajarajeshwari Nagar police station, Bengaluru City subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of `1,00,000/-(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court;
ii) The petitioner shall not tamper with the prosecution witnesses and he shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court;
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer as and when called for; & iv) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission, till the case registered against him is disposed of.
KSR Sd/- JUDGE