IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7470/2019 BETWEEN DEEPAK GOWDA S/O. LINGARAJU AGED 22 YEARS OCC: DRIVER R/O. RANGENAHALLI LAKKAVALLI HOBLI, TARIKERE TALUK CHIKKAMAGALURU DIST– 577 228 ... PETITIONER (BY SRI. P.B. UMESH, ADVOCATE FOR SRI. RAVINDRA B. DESHPANDE, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY LAKKAVALLI POLICE STATION TARIKERE RURAL CIRCLE CHIKKAMAGALURU DISTRICT – 577 128 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 2. RAJESHWARI W/O. DHAMODHAR AGED 33 YEARS OCC: HOTEL BUSINESS R/O. BARAGENAHALLI ROAD RANGENAHALLI, LAKKAVALLI HOBLI TARIKERE TALUK CHIKKAMAGALURU DIST – 577 228 … RESPONDENTS (BY SRI. ROHITH B.J, HCGP FOR R-1 R-2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.24/2019 OF LAKKAVALLI POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/Ss. 366, 366-A, 376-2 OF IPC AND SECTIONS 4, 5(j)(ii), 6, 17 AND 18 OF POSCO ACT AND SEC.9 OF THE PROHIBITION OF CHILD MARRIAGE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent –State. Perused the records.
2. Learned HCGP submits that, the notice issued to Respondent No.2 is served.
3. The first respondent-Lakkavalli Police have filed charge sheet against the petitioner (A1) and others (A2 to A4) in connection with Crime No.24/2019 and the same has been registered in Spl.C(P).No.52/2019 for the offences punishable under Sections 366, 366(A), 376(2) of IPC and Sections 4, 5(j)(ii), 6, 17 & 18 of POCSO Act and Section 9 of Prohibition of Child Marriage Act, now pending on the file of I Addl. District and Sessions Court, Chikkamagaluru.
4. The entire charge sheet allegations disclose that, the petitioner has persuaded the victim girl and taken her to various places and he had sexual intercourse with her knowing fully well that, she is below the age of 18 years. It is stated that, on 16.03.2019, he forced her to come-out from her house and took her to Gulbarga, Shahapura etc. and they took a house for rent in Shahapura and he married her in a temple at Shahapura and there they lived as husband and wife for a period of six months, and thereafter, she became pregnant of six months. Thereafter, the maternal aunt of the victim girl came to know about this aspect and she lodged a complaint to that effect and thereafter, the petitioner and victim girl were traced and the petitioner was arrested by the respondent-police.
5. During the course of investigation, the police got recorded 164 (5) statement of the victim girl, wherein she has stated that, her matrimonial aunt and her grand mother were doing some prostitution work in the house and they were also selling arrack, and this victim girl was used for the purpose of serving arrack to the customers. Therefore, she was not happy with them and she was frustrated in life. When the aunt and grandmother of the victim girl decided to perform her marriage with a person who is convenient to them on 25.03.2019, she requested the petitioner/accused to take her away from the house and she persuaded the petitioner stating that she has completed 18 years as per the Aadar Card and threatened him that if he does not take her from the house, she would commit suicide by mentioning his name. In that situation, it appears the petitioner has taken her to various places and married her, and thereafter, the maternal aunt and grand mother demanded a sum of Rs.1,00,000/- from the father of the petitioner for the purpose of withdrawing the petition.
6. It is seen from 164 (5) Cr.P.C statement of the victim girl that, she has requested the court even for releasing the petitioner on the above said grounds. In spite of that, the trial court has rejected the bail petition of the petitioner.
7. Looking to the above said facts and circumstances of the case, there are serious disputes with regard to the age of the victim girl. Because, according to her Aadar Card, she has already crossed 19 years and according to school records, she was crossed 17 years and not yet completed 18 years, as her date of birth was shown as 28.01.2002. Therefore, it is seen from the records that the alleged incident has taken place on 16.03.2019. So, as on the date of incident, the victim girl has already crossed 17 years of age. In that view of the matter, in my opinion, the petitioner is entitled to be enlarged on bail on some stringent conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A1).-Deepak Gowda shall be released on bail in connection with Crime No.24/2019 of Respondent- Laklkavalli Police Station, Tarikere Rural Circle, Chikkamagaluru District, for the aforesaid offences, now pending before the court of I Addl. District and Sessions Court, Chikkamagaluru, 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 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.
KGR* Sd/-
JUDGE