IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4203/2019 BETWEEN KRISHNA @ MOHAN KUMAR AGED 23 YEARS S/O NAGARAJU R/AT YELLACHIPALYA VILLAGE KASABA LHOBLI, CHANNAPATNA TALUK, RAMNAGARA DISTRICT 562160. ... PETITIONER (BY SRI B.CHANDRAHASA RAI, ADVOCATE) AND THE STATE OF CHANNAPATNA RURAL POLICE STATION RAMANAGARA DISTRICT, REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU – 560 001. ... RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.15/2019 (SPL.C.C.NO.34/2019) OF CHANNAPATNA RURAL P.S., RAMANAGARA FOR THE OFFENCE P/U/S 363 OF IPC AND SECTION 4,6 OF POCSTO ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent and perused the records.
2. The respondent-police have registered a case in Cr.No.15/2019 against the petitioner initially for the offence under Section 363 of IPC and later under Section 4 and 6 of the POCSO Act on the complaint lodged by the mother of the victim by name Padma on the allegation that on 11.2.2019, the accused had abducted the victim girl; in spite of their best search, they could not locate the whereabouts of the victim girl as well as the accused. Subsequently, they were traced and produced before the Investigating Officer. In fact, during the course of investigation, statement of the victim girl under Section 164 of Cr.P.C. was recorded wherein she has stated that she was studying in 10th standard and was in love with the accused and the accused was meeting her everyday near the school; when this fact came to know, the father of the victim girl advised the accused not to meet. In spite of repeated advise they did not stop meeting each other. In this background, the victim girl herself has stated that on 02.01.2019 the accused took her to cinema and after the show, she was taken to his uncle’s house where he has stated that he will marry her and had intercourse with her. On these allegations, the police appears to have laid charge sheet against the accused.
3. Looking to the above said facts, the victim girl was aged 15 years 02 months approximately as on the date of offence. Even if there is love affair between the accused and victim girl, it will not in any manner enure to the benefit of the accused. Hence, there is no merit in this petition and the same is liable to be dismissed and accordingly it is dismissed.
Sd/- JUDGE TL