IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8864 OF 2018 C/W CRIMINAL PETITION NO.8980 OF 2018 IN CRIMINAL PETITION NO.8864 OF 2018 BETWEEN:
Chinnappiah @ Chinnaswamy S/o. Sendilan, Aged about 28 years, R/at. Manjanayakanahalli Village, Pennaagrha Taluk, Darmapuri District, Tamil Nadu – 636 701. ...Petitioner (By Sri. M.V. Charati, Advocate) AND:
State of Karnataka By Bellandur Police Station, Bengaluru City – 560 102.
Represented by learned SPP, High Court Karnataka, Bengaluru – 560 001. ...Respondent (By Sri. H.S. Chandramouli, SPP) This Criminal Petition is filed under Section 439 of Cr.PC praying to enlarge the petitioner on bail in Crime No.95/2018 (S.C.No.1410/2018) of Bellanduru Police Station, Bengaluru City for the offences punishable under Sections 366, 341, 342, 354B, 376D, 504, 506 read with Section 149 of IPC.
IN CRIMINAL PETITION NO.8980 OF 2018 BETWEEN:
1. Shankar S/o. Kaveri, Aged about 25 years, R/at. Gowrichattipatti Village, Bikkampatti Post, Pennaagrha Taluk, Darmapuri District, Tamil Nadu – 636 701.
2. Muniyappa S/o. Chinnaswamy, Aged about 28 years, R.at. Bikkampatti Village and Post, Pennaagrha Taluk, Darmapuri District, Tamil Nadu – 636 701. ...Petitioners (By Sri. Manjunath G., Advocate) AND:
State of Karnataka By Bellandur Police Station, Bengaluru City – 560 102.
Represented by learned SPP, High Court Karnataka, Bengaluru – 560 001. ...Respondent (By Sri. H.S. Chandramouli, SPP) This Criminal Petition is filed under Section 439 of Cr.PC praying to enlarge the petitioner on bail in Crime No.95/2018 (S.C.No.1410/2018) of Bellanduru Police Station, Bengaluru City for the offences punishable under Sections 366, 341, 342, 354B, 376D, 504 and 506 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R Criminal Petition No.8864/2018 has been filed by accused No.5 and Criminal Petition No.8980/2018 has been filed by accused Nos.1 and 3 under Section 439 of Cr.PC to release them on bail in Crime No.95/2018 (S.C.No.1410/2018) of Bellanduru police for the offence punishable under Sections 366, 341, 342, 354B, 376D, 504, 506 R/w 149 of IPC.
2. I have heard learned counsel for the petitioners and learned SPP for the respondent-State.
3. The case of the complainant is that one Chandregowda, the driver of the water tanker, while filling water into the tanker found some persons dragging a girl into their car and thereafter took her in the said car. By seeing the same, he has filed the complaint on 19.03.2018 for the offence punishable under Section 363 R/w 34 of IPC.
4. Subsequently, on 21.03.2018, the statement of the victim was recorded and in her statement she disclosed that she had gone to pharmacy from her house for buying some medicines. She noticed a car and some persons drawing her attention, she continued to walk and the persons who were there inside the car, came along with her and asked her inappropriate questions. She thrown stones towards them and one person assaulted her and thereafter, forced her to grab into the car and when she started screaming, the said persons who have taken her inside the car, beaten her, suffocate her and pinned her down and thereafter, undressed her and she has been sexually assaulted. It is further alleged that she has been taken to unknown place and there also she has been sexually assaulted by the said persons. It is further alleged in the statement that when she was about to go, one more car came and took her, inside the car also she has been sexually assaulted for multiple times including the driver.
5. It is the submission of learned counsel for the accused petitioners that earlier complaint was filed on 19.03.2018. The alleged incident has taken place on 18.03.2018. There is delay in filing the complaint. He further by referring to the said complaint submits that the complainant has stated in the complaint that police came to the said spot and verified the situation, that itself clearly goes to show that the police having information about the cognizable offence did not get it registered. According to Section 154 of Cr.PC, a duty cast upon the police officials to get the information relating to commission of cognizable offence registered in the records of registration. But the said case has been registered only on 19.03.2018 i.e., after lapse of one day from the date of occurrence of the incident, the mandate which is there under Section 154 of Cr.PC has not been complied with, that itself clearly go to show that it is a concocted case registered against the accused person. He further submits that on 19.03.2018, the victim was taken to Hebbugodi police station, at that time, the said information has not been given by the complainant. Her statement was recorded only on 21.03.2018. He further by referring to medical reports submitted that she has been got examined on 19.03.2018 and when she was examined, it has been clearly stated that no signs of recent sexual intercourse. Further it is submitted that if really six persons have sexually assaulted her, then, definitely there should have been penetration and other injuries so as to show that she has been sexually assaulted. The statement of the victim is contrary to the medical records. Further it is submitted that the mother of the victim has also been examined on 21.03.2018, at that time also, she has not specifically stated about the alleged incident. Further it is submitted that the accused persons are known to the victim and there were some financial transaction between accused No.1 and the victim girl, when they demanded to return the money, which has been taken by her, under the said circumstance, in order to overcome the said transaction, false case has been registered against them. Further submitted that the accused persons are innocent and they have not committed any offence as alleged and they are ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if they are released on bail. On these grounds he prays to allow the petition.
6. Per contra learned SPP vehemently argued and submitted that on 18.03.2018, a lonely lady who was coming on road has been kidnapped by the accused persons in a car and it is the tanker driver who has noticed and immediately on 19.03.2018 filed the complaint. He further submitted that there is corroboration in the story given by the said driver and the victim. He further submitted that all the accused persons have sexually assaulted as narrated by the victim. When victim statement is there for having sexually assaulted, that itself can be relied upon without there being any corroboration. He further submitted that the accused persons have involved in serious offence of gang rape and even the statement of victim which has been recorded under Section 164 of Cr.PC clearly goes to show that the accused persons have sexually assaulted her. He further submitted that the accused persons have involved in the serious offence and behaved like animal and as such no leniency can be shown. He further by referring to the medical evidence submits that the accused persons have sexually assaulted and they have beaten her and bite marks are also found in the injury certificate. There is ample material to connect the accused to the alleged incident. The victim has suffered as many as 15 injuries and also hymen has been ruptured. Test Identification Parade has been conducted by the Tahsildar and in the Test Identification Parade, the victim has identified the accused persons. The medical evidence corroborates with the statement of the victim. No grounds have been made out by the accused petitioners to release them on bail. On these grounds, he prays to dismiss the petition.
7. I have carefully and cautiously gone through the submissions of learned counsel appearing for the parties and also perused the records.
8. It is the contention of the victim that the accused persons kidnapped her in a car and thereafter she has been sexually assaulted and even she has been beaten and bite marks were also found on her body. Whether provisions of Section 154 has been followed or not, what is the legal effect of that is the matter which has to be considered and appreciated only at the time of trial by the trial Court but while considering the bail application whether there is prima-facie material as against the accused petitioner to connect to the alleged crime and the seriousness of the offence which has been involved.
9. As could be seen from the contents of the complaint and statement of the victim wherein, it is specifically stated that the accused persons kidnapped her in a car, in that car as well as in open space, she has been sexually assaulted repeatedly, Thereafter, she has been taken into another car, there also, three persons sexually assaulted. Statement of victim has been recorded under Section 164 of Cr.PC, even as could be seen from the complaint which has been registered on 19.03.2018 by the driver of the tanker wherein, he has specifically stated that three persons came in a car and the victim has been kidnapped. There is corroboration with regard to kidnap of the said girl in a car by three persons and even the injuries found over the body of victim prima-facie shows that there has been 15 injuries including the bite marks over the body will substantiate the case of prosecution. All these fact have to be adjudicated by the trial.
10. I feel that there is prima-facie material to show that the accused persons have involved in the serious offence of gang rape. Under the said facts and circumstances, no lenience can be shown. Though it is contended by learned counsel for the petitioner that because of financial transaction between accused No.1 and the victim, the petitioners have been roped and falsely implicated as accused. Even if it is assumed that there is some financial transactions between the victim and the accused No.1, then, why all the accused petitioners have been made as accused is not forthcoming. In such circumstance, I feel that it is not a fit case to release the accused petitioners on bail. Hence, the petition stands dismissed.
Sd/- JUDGE PN/-