IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6973 OF 2019 BETWEEN:
EDISON S/O YOHAN AGED 21 YEARS, OCC : RESIDENT OF NIZAMPUR VILLAGE, KOLAR, POST : BIDAR TALUK AND DISTRICT BIDAR – 585 401. ...PETITIONER (BY SRI. SHESHADRI JAISHANKAR.M., ADVOCATE) AND:
THE STATE OF KARNATAKA, BY ITS HALASUR POLICE STATION, BENGALURU, REPRESENTED BY ADDITIONAL ADVOCATE HIGH COURT OF KARNATAKA, BENGALURU – 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.5 OF 2019 (SPL.C.C.NO.395/2019) OF HALASURU POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 363, 344, 376 OF IPC AND SECTION 4, 5(L), 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 learned HCGP for the Respondent-State. Perused the records.
2. The respondent police have laid a charge- sheet against the petitioner for the offence punishable under Sections 363, 344 and 376 of IPC and also Sections 4, 5(L), 6 of POCSO Act, 2012. The allegations are that on 02.01.2019 at about 7.30 a.m., the petitioner knowing fully well that the victim girl CW-1 was a minor, took her away to his native place at Nizampur in Bidar District and kept her in wrongful confinement upto 07.01.2019 and also had sexual intercourse with her on the ground that he has been loving her and he would marry her, etc., 3. During the course of investigation, the said girl was subjected to medical examination. But the medical report discloses that there is absolutely no sexual activity taken place and even the hymen and other parts of the body shown to be not intact. Apart from the above, the victim girl was examined under Section 164 of Cr.P.C. before the jurisdictional Court and she has categorically stated that she herself went out from the house and she informed the petitioner to take her inpsite of the petitioner and his family members telling her that she is a minor and she cannot come out from the house, etc., but because of the fear of the family members, she went with the petitioner, subsequently, she stated that she went to the police station and disclosed the above said facts. She also stated that the accused has not done anything to her at any point of time. In view of the above stated facts and circumstances and as the victim girl was aged about 16 years at the time of the incident, the petitioner has made out a case for grant of bail as the attraction of Section 376 of IPC is doubtful at this stage. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.5/2019 (Spl.C.C.No.395/2019) of Halasuru Police Station registered for the alleged offences, subject to the following conditions:
(i) The petitioner shall execute a 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.
Ordered accordingly.
Sd/- JUDGE DH