IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.6156/2017 BETWEEN:
Hemantharaj T N S/o Late Nataraj Aged about 26 years Software Engineer, C.T.S. Manyatha Teck park Hebbalu, Bangalore-560 067. Now R/At 6th Cross Balagare Main Road Varthuru Bengaluru Permanent Address Behind Ramadevara Temple Kalidasanagara, Tarikere Chikkamagalur District-78. .. PETITIONER (By Sri Pratheep K C, Adv.) AND:
The State of Karnataka Rep. by Chikkamagalur Women Police Station Chikkamagalur District Represented by its State Public Prosecutor High Court of Karnataka Bengaluru-560 001. .. RESPONDENT (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.31/2017 (Spl.C.No.20/2017) of Chikkamagaluru Town P.S., Chikkamagaluru District for the offences punishable under Sections 376(2)(N), 342 of IPC and Section 6, 14(2), 15 of POCSO Act and Section 66(D), 67(B) of IT Act.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 376(2)(N), 342, 419 of IPC and Sections 4, 14, 15 of POCSO Act and Sections 66(D), 67(B) of IT Act registered in respondent Police Station Crime No.31/2017.
2. Brief facts of the case of prosecution are that the complainant, being the victim girl Supreetha, aged about 19 years, alleged that she has been studying in first year B.E. at Adichunchanagiri Technical Institute, Chikkammangalur and that, in the year 2013, when she was studying in 1st PUC, she had acquainted with petitioner-accused and that turned into love between them. Accordingly, she went with him to Bangalore in the year 2013 and stayed in a lodge where he forced her to naked herself and recorded her video and committed sexual assault on her and thereafter, about 5 to 6 times both had sexual intercourse. The complainant further alleged that when she was studying in Vamana Institute of Engineering, the petitioner-accused took her to a room on the pretext that her grandfather was sick and locked her in the room and very next day, he took her to a temple and married her. After 2 to 3 days, later, he removed Thali from her and sent her to parents house. The complainant further alleged in the complaint that on 31.01.2017, he created fake face book account and uploaded videos/photos in the internet and many of her class mates watched the video/photos and talking bad about her and having fed up with the same complaint, the complainant lodged the present complaint. On the basis of the said complaint, the case was registered by the respondent police.
3. I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State.
4. Learned Counsel appearing for the petitioner- accused, referring to the material and statement of witnesses so also the statement of father of the victim girl, made submission that it prima facie goes to show that there was love affair between the victim girl and the petitioner-accused and there was no forcible intercourse as alleged by the victim girl. Investigation of the case is completed and the charge sheet is also filed. The learned Counsel made submission that the photographs clearly go to show that the petitioner and the victim voluntarily got married. Learned Counsel further submits that the false allegations are made against the petitioner. Since from the date of arrest, he is in custody. Hence, he submitted that by imposing reasonable conditions, the petitioner- accused may be admitted to bail.
5. Per contra, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that looking to the complaint averments and the prosecution material collected during investigation, the manner in which the alleged offences committed against the victim girl, are very serious in nature. The learned Government Pleader also made submission that the present petitioner took negative photos/videos in mobile phone and he was always forcing her for the acts. He further threatening her that if she does not accept for the sexual acts, he would upload obscene photographs in the face book. The petitioner- accused ultimately uploaded the said photos/videos. Hence looking to the manner in which the acts were done by the petitioner-accused, he is not entitled to the bail.
6. I have perused the averments made in the bail petition, FIR, complaint and the other materials produced by the petitioner.
7. It is no doubt true that as mentioned in the complaint itself, there was acquaintance and love affair between the petitioner-accused and the victim. But it does not mean that they should have sexual acts. That he posed threat to the victim girl that she should agree for the sexual acts as and when he calls. He also uploaded obscene photographs/videos in the face book. As submitted by the learned HCGP, he ultimately uploaded the said photographs/videos in the face book which takes nearly 2½ minutes for watching the said photographs/videos. Looking to the materials placed on record, it is not a fit case to exercise discretion in favour of the petitioner.
Petition is accordingly rejected.
Sd/- JUDGE Cs/-