IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7765/2019 BETWEEN D.A. PRASHANTH KUMAR AGED ABOUT 23 YEARS S/O SRI ANJINAPPA R/O DIGUVAKOTE VILLAGE CHINTHAMANI TALUK CHIKKABALLAPURA DISTRICT – 563 101 ... PETITIONER (BY SRI. G.M. SRINIVASAREDDY, ADVOCATE) AND STATE OF KARNATAKA R/BY WOMEN POLICE STATION, KOLAR REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.19/2019 (S.C.NO.176/2019) OF KOLAR WOMEN POLICE STATION, KOLAR FOR THE OFFENCE P/U/S 363, 376 AND IPC AND SECTION 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is the sole accused in Crime No.19/2019 registered by the respondent- Kolar Women Police Station at Kolar, for the offence punishable under Section 376 of IPC and Section 6 of the POCSO Act, which is culminated in SC 176/2019, now pending before the Court of II Additional District and Sessions Judge.
3. The brief facts of the case are that, the victim girl was aged between 17 to 18 years, studying in PUC and she fell in love with the petitioner, who was residing near the house of the complainant’s brother. In that context it is stated that, on 08.07.2019, the petitioner called the victim girl to go along with him in order to marry each other. In spite of she telling that, she has not crossed 18 years, he took her to Nisarga Layout and there he took a rental house belonged to one Narayanaswamy and they stayed there till they were caught by the police on 16.07.2019. The statement of the victim girl was also recorded under Section 164(5) of Cr.PC. wherein she has not made any allegation of any sexual activity between them, though she has stated that the petitioner took her with him and kept her for 9 days in a rented house at Nisarga Layout in Hosakote. During the course of investigation, she was subjected to medical examination. The history given by the victim girl before the Doctor shows that, the parents of the victim girl were decided to perform her marriage with her mother’s brother and she was not willing for that marriage. Therefore, she left the house on the pretext of going to college by packing her clothes and also taking Rs.10,000/- cash with her.
4. In the above said circumstances, the prosecution has to prove the fact that the victim girl was aged less than 18 years and she was not a consenting party to the alleged act so as to attract the above said offences. Therefore, under the peculiar circumstances of this case and also the age of the victim girl was in between 17 and 18 years as per the report furnished by the SNR Hospital at Kolar, and also considering the nature of allegations and the conduct of the petitioner and the victim girl, I am of the opinion that the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused- D.A. Prashanth Kumar, shall be released on bail in connection with Crime No.19/2019 registered by the respondent-Women Police Station, Kolar, for the offence punishable under Section 376 of IPC and Section 6 of the POCSO Act, which is culminated in SC 176/2019, now pending before the Court of II Additional District and Sessions Judge at Kolar, 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 two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*