IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.6779/2018 BETWEEN :
Eshwara S/o late Tippa Bhovi Kalpanahalli Village Bhadravathi Taluk Shivamogga District-577 301.
(By Sri Ravi V., Advocate) AND :
State of Karnataka through Bhadravathi Rural Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri K.P. Yoganna, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.245/2018 of Bhadravathi Rural Police Station, Shivamogga, for the offences punishable under Sections 376(2)(i) and 376(2)(f) of Indian Penal Code and under Section 6 of POCSO Act, 2012.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by the accused under Section 439 of Cr.P.C. praying to release him on bail in Crime No.245/2018 of Bhadravathi Rural Police Station for the offences punishable under Sections 376(2)(i), and 376(2)(f) of IPC and Section 6 of POCSO Act.
2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
3. The gist of the complaint is that the complainant is the Co-ordinator of Makkala Sahayavani. She received a credible information that a child marriage was being performed at Kalpanahalli Village, Bhadravathi Taluk. Immediately after receipt of the said information, on 1.7.2018 at about 5.30 a.m., she went to the Police Station and along with the members of Makkala Sahayavani, she went to the said village and visited the house of the victim, where they came to know that they are making arrangements for performing the marriage of the victim and on enquiry they came to know that the victim is born on 20.6.2002 and already she is carrying three months’ pregnancy and accused is the responsible person for the said pregnancy. Immediately, the accused was taken to the Police Station and the victim was rescued and a case was registered.
4. It is the submission of the learned counsel for the petitioner that the complaint has not been registered either by the victim or her parents. But an organization has filed the complaint. He further submitted that since three years, the victim and accused were loving with each other and at that time, they came in physical contact and the victim became pregnant. When the said fact was brought to the notice of their parents, they were performing the marriage in order to avoid further complications. He further submitted that there was no force as contemplated under Section 376 of IPC. He further submitted that the victim is aged about 16 years and she was knowing worldly affairs. He further submitted that the statement of the victim has been recorded under Section 164 of Cr.P.C. before the Magistrate wherein she has clearly stated that she has fallen in love with the petitioner-accused since three years and they came into physical contact and as such she became pregnant and when the said matter has been informed to her parents they decided to give her in marriage with the accused. At that time, police interrupted and stopped the marriage. She further stated that she is carrying six months’ pregnancy.
5. On going through the statement of the victim recorded under Section 164 of Cr.P.C. by the leaned Magistrate, no where she has specifically stated that against her will or by force she was taken by the accused and had sexual assault on her. She herself stated that they have fallen in love with each other since three yeas and they decided to marry and she became pregnant. When the said fact was informed to their parents they were preparing for their marriage. If the said act of the victim is perused, it appears that it was a consensual sex and even though the victim is aged about 16 years, the conduct and other aspects are taken into consideration, it appears that she was knowing worldly affairs and consequences. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioner- accused is released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused- petitioner herein is enlarged on bail in Crime No.245/2018 of Bhadravathi Rural Police Station for the offences punishable under Sections 376(2)(i), and 376(2)(f) of IPC and Section 6 of POCSO Act, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall be regular in appearing before the trial Court on all hearing dates.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-