IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 7316 OF 2019 BETWEEN:
Chandra G, S/o Late Govindappa, Aged about 23 years, Presently Residing near Opp Ganesha Temple, 7th Cross, Srinivas Nagar, Sunkadakatte, Bangalore-560 046.
Permanent Resident of Managal Village, Jaalamangala Road, Magdi Taluk, Ramnagar-562159. ... Petitioner (By Sri. Mohammed Pasha.C., Advocate) AND:
State of Karnataka, By Kengeri Police Station, Bengaluru, Rep by SPP, High Court Campus, Bangalore-560 001. ...Respondent (By Sri. Rohith B.J., HCGP.) This Criminal Petition is filed under Section 439 of CR.P.C. praying to enlarge the petitioner on bail in CR.No.80/2019 (SPL C.C.No.676/2019) of Kengeri Police Station, Bengaluru City for the offences Punishable under Sections 419, 366-A, 344, 376 of IPC read with Section 5(L)(j)(2) and 6 of POCSO Act.
This Criminal Petition, coming on for orders, this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondent-state. Perused the records.
2. According to the charge-sheet allegations, in the case registered against the petitioner in Spl.Case No.676/2019 that he abducted CW2 who was aged 17 years and he persuaded her that he would like to marry her and thereafter took her to several places and have had physical contact with her, particularly, on 22.02.2019 he took her from her house forcibly and kept her in the house at Nelamangala and had sexual intercourse with her. Because of that CW2 became pregnant and thereafter on 27.03.2019 he brought her back to her house. He, in fact, refused to marry her. Therefore, it appears, a complaint came to be lodged.
3. The learned counsel for the petitioner submitted that now changed circumstance has occurred in this case. The victim has been examined before the Court and she has categorically denied the allegations made earlier in the evidence. She has categorically stated that the accused and herself loved each other when she was studying in 10th standard itself. Thereafter about a year back they married and they are residing together in the house of the complainant herself and they are residing as husband and wife. In the course of cross examination also she has not supported the case of the prosecution.
4. Looking to the above-said facts and circumstances of the case, as the petitioner stated that she has crossed 18 years and presently they were married together and they are residing in the house of the complainant herself, therefore, taking into consideration the above-said facts and circumstances of the case, considering the infatuation age of both the victim and the petitioner and she was aged 17 years as on the date of commission of the alleged offence, in my opinion considering the above facts and circumstances of the case, the petitioner has made out a case for grant of bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.80/2019 of Kengeri Police Station registered for the alleged offences, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.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 the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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 Cm/-