IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6247/2018 BETWEEN: KIRAN H S S/O SIDDANANJUNDAIAH, AGED ABOUT 22 YEARS, R/AT HOOKUNDA VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-18 ... PETITIONER (BY SRI. CHANDRAPPA K N, ADVOCATE) AND:
THE STATE OF KARNATAKA BY HULIMAVU POLICE STATION REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ...RESPONDENT (BY SRI. K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.293/2017 (SPL.C.C.NO.75/2018) OF HULIMAVU POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366, 376, 342 OF IPC AND SECTIONS 4, 5(L) R/W 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C. to release him on bail in Crime No.293/2017 (SPL.C.C.No.75/2018) of Hulimavu Police Station for the offences punishable under Sections 366, 376, 342 of IPC and Sections 4, 5 (L) read with Section 6 of POCSO Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Conspectus of the prosecution case are that the mother of the victim girl filed a complaint alleging that her daughter-victim and petitioner-accused were working in Meenakshi Mall and fell in love with each other and thereafter, the accused took the victim girl to his house and hence, she was in the house of accused- petitioner, he induced her that he is going to marry her and had sexual act. Thereafter, many times he had sexual act under the guise of promise of marrying when the victim girl was with him in his house. It is further alleged that the complainant went to the house of the petitioner and brought her daughter-victim back and again the petitioner-accused had taken the victim girl to his house and kept her with him. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused is innocent and he has not committed any offence. But the petitioner and the victim girl have fallen in love with each other and even they were ready to marry and under the said facts and circumstances, the sexual act has taken place. Though victim girl was aged about 16 years, she was having knowledge towards her moves in life. He further draw the attention towards the statement of the victim girl recorded by the learned Magistrate under Section 164 of Cr.P.C, in which the victim girl herself voluntarily gone to the house of the petitioner and stayed with him and even when she has been brought back by her mother, the victim girl again went to the house of the petitioner-accused to stay along with him. There is no kidnap or force on the part of the petitioner. He further submitted that the petitioner-accused is ready to abide by any conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused by inducing the victim girl took her to his house and sexually assaulted her as she was minor at the time, when the alleged incident took place. The petitioner-accused has committed aggravated penetrative sexual assault by promising the victim girl to marry which also prima-facie show that the petitioner has committed the alleged offence. The said offence is punishable with imprisonment for life. If accused is released on bail, he may tamper with the prosecution evidence, he may abscond and he may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the statement recorded under Section 164 of Cr.P.C, by the 24th Additional CMM, Mayohall, Bengaluru. In the statement the victim girl has deposed that the petitioner and herself have fallen in love with each other and in the month of August 2017, the victim girl has left her house and stayed along with the petitioner-accused with consent of the parents of the petitioner. The victim girl stayed in the said house for three months and thereafter the mother of the victim girl took her back to their home but next date again she voluntarily went to the house of accused and no allegation of sexual assault has been made on this behalf. Even it is brought to the notice of this Court, that the medical records indicate that victim girl has been sexually assaulted, but the facts and circumstances discloses that the victim girl and accused stayed together for three months with their own wish and though the age of the victim girl is 16 years, the statement which has been given by her before the learned Magistrate indicates that she was having knowledge about everything and she was capable to understand the things. She has voluntarily gone to the house of accused-petitioner. Under such circumstances, I feel that by imposing stringent conditions if the petitioner-accused is ordered to be released on bail, it would meet the ends of justice.
8. In the light of the discussion held by me above, the petition is allowed and petitioner-accused is ordered to be released on bail in Crime No.293/2017 (SPL.C.C.No.75/2018) of Hulimavu Police Station for the offences punishable under Sections 366, 376, 342 of IPC and Sections 4, 5 (L) read with Section 6 of POCSO Act, subject to the following conditions:
1. Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month between 10.00 a.m., to 5.00 p.m., before Jurisdictional Police, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall attend the trial regularly.
Sd/- JUDGE SMJ