IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.1807/2019 BETWEEN KIRAN P.
S/O LATE PARTHASARATHY AGED ABOUT 31 YEARS, R/AT #12 NEAR SHANIMAHATMA TEMPLE TIRUPALYA, BOMMASANDRA POST ANEKAL TALUK, BANGALORE RURAL DISTRICT - 560 065 ... PETITIONER (BY SRI. M. KRISHNE GOWDA, ADVOCATE) AND THE STATE OF KARNATAKA REP. BY K. G. NAGARA POLICE HIGH COURT GOVT PLEADER HIGH COURT OF KARNATAKA BENGALURU - 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.3/2019 OF KEMPEGOWDA NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366A, 342, 376, 506 OF IPC AND SECTION 4 AND 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The respondent-Police have registered a case against the petitioner initially u/s.366A of IPC on the complaint lodged by the father of the victim girl.
2. Subsequently, during the course of investigation, the police found that the victim girl was aged about 17 years was abducted by the petitioner and married her and thereafter had sexual intercourse with her on various occasions and they were brought to the police station by the brother of the victim girl on the above said allegations. The police have filed a charge sheet for the offence punishable under Section 366A, 342, 376 and also u/s.4 & 6 of POCSO Act, 2012. The statement of the victim girl and the further statement of the victim girl discloses that the accused has persuaded and forced her to go along with him as he expressed that he was in love with her and he would like to marry her. After persuasion, in spite of reluctance, the victim girl accompanied the accused and they went to various places in Tamilnadu and Andhrapradesh and in fact they married and went to different places and had sexual intercourse with each other and thereafter, her brother brought her to the Police Station and after words, the case has been converted to the above said offences.
3. However, during the course of investigation, the victim girl was also subjected to examination before the learned jurisdictional Magistrate and the statement of the victim girl was recorded u/s.164(5) of Cr.PC., on 24.01.2019. In her statement, she has categorically stated that the accused called her stating that he has been loving her and he has proposed to marry her, then she gave green signal to him and thereafter, they went together and they got married at Muneshwara Temple on 11.01.2019 and thereafter, they stayed at different places. But in the course of the said statement, she has not stated about accused had any sexual activity with her at any point of time.
4. In the wake of the above said factual aspects, the age of the victim girl also play a dominant role. The materials on record shows that she has already crossed 17 years six and half months and she is in the verge of attaining the age of majority. Therefore, consent of the said girl though may not be sufficient, because she was below the age of 18 years, but during the course of evidence, the prosecution has to prove that she has actually not crossed 18 years. Therefore, under the above said circumstances, when she has already crossed 17 ½ years, and at the verge of majority, she is capable of giving consent, the prosecution has to prove during the course of evidence that it was a forceful abduction and particularly the victim girl was below the age of 18 years.
5. In the above said circumstances, considering the age of the victim girl as well as other circumstances and the accused has already been arrested and he has been in jail since 19.01.2019, it is a fit case where the court can exercise discretion to enlarge the petitioner on bail. Hence, I pass the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 3/2019 of Kempegowda Nagar Police Station on the file of LIII Additional City Civil And Sessions Judge at Bengaluru, registered against him for the offence punishable under Sections 366A, 342, 376, 506 of IPC and Sections 4 and 6 of POCSO Act, 2012, 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 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.
Sd/- JUDGE PL*