IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.9564/2016 BETWEEN:
KIRAN S/O.CHINNAPPAIAH AGED ABOUT 19 YEARS R/O.COOLIE LINE HOUSE OF THIPPANAHALLI ESTATE, KAIMARA POST CHIKKAMAGALURU TALUK – 577 101 N/O.SERPET, TIRUNAMALAI TAMILNADU (SOLE ACCUSED -IN JUDICIAL CUSTODY) ... PETITIONER (BY SRI.S.G.RAJENDRA REDDY, ADVOCATE) AND :
THE STATE BY P.S.I CHIKKAMAGALURU RURAL POLICE STATION CHIKKAMAGALURU, RPTD.BY S.P.P HIGH COURT BANGALORE - 560 001 ... RESPONDENT (BY SRI.S.VISHWA MURTHY, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.178/2016 SPL.C.(POCSO).NO.35/2016 OF CHIKKAMAGALURU RURAL P.S., CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S 376(2)(i), 506, 324 OF IPC AND SEC. 3,4 OF POCSO ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition under Section 439 of Cr.P.C. is filed seeking enlargement on bail in Crime No.35/2016, registered in Chickmagaluru Rural Police Station for offences punishable under Sections 376(2) (i), 506, 324 of IPC and Sec.3, 4 of POCSO Act.
2. Shri S.G.Rajendra Reddy, learned Counsel for the petitioner adverting to the complaint and the medical report submits that the complaint does not disclose any offence of rape committed by the accused. He pointed out that the offence is said to have taken place on 23.4.2016 whereas the FIR is lodged on 3.5.2016. No justification is forthcoming in the complaint with regard to delay. Adverting to the medical opinion given by the Senior Specialist of Mallegowda District Hospital, Chikmagalur, dated 1.8.2016 annexed to the petition, he submits that the doctor after examination has opined that there was no forceful sexual intercourse and there is no evidence of any injury over external genitalia or body. He further pointed out that the doctor’s opinion also refers to F.S.L. report and there is a noting that no seminal stains were detected in the article sent. In the circumstances, he prays for allowing this petition.
3. Petition is opposed by the learned HCGP strongly. He has placed for perusal of this Court a statement of the victim recorded under Section 164 of Cr.P.C. and prays for dismissal of this petition.
4. I have carefully considered the submissions of the learned Counsel for the petitioner, learned HCGP & perused the material papers.
5. It is noteworthy that there is a delay of 10 days in registering the complaint. Further, the 164 statement read with the medical report does not indicate commission of offence in clear terms. Further, the offences alleged are not punishable with death or life imprisonment. Therefore, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in Crime No.35/2016, registered in Chickmagaluru Rural Police Station, upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
iv) Petitioner shall not involve himself in any criminal activities; and (v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE Yn.