IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8810/2018 BETWEEN:
Manjunatha S/o Bheemaiah Aged about 25 years R/at Kodihalli Vilage Kora Hobli Tumkuru Taluk – 572 101. ...Petitioner (By Sri. Harish Kumar H.C., Advocate) AND:
State of Karnataka By Womens Police Station Tumakuru Represented by SPP High Court of Karnataka Bengaluru – 560 001. ... Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.66/2018 of Womens Police Station, Tumakuru for the offence punishable under Section 366(A) of IPC and Sections 4 and 6 of POCSO Act and Section 9 of Prohibition of Child Marriage (Karnataka Amendment)Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail in Crime No.66/2018 Of Women Police Station, Tumakuru for the offences punishable under Section 366(A) of IPC, under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and under Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Earlier, a missing complaint was filed by the father of the victim and subsequently, the victim was traced and her statement was recorded. In her statement, she disclosed that on 03.07.2018 she left her home stating that she is going to the college, at about 11:15 a.m., she took a private bus and reached Tumkur civil bus stand and met the accused-petitioner. Thereafter, both went to Shivamogga in a bus at about 8:00 p.m., and reached Abbaragattu village and stayed in his aunt’s house. The petitioner-accused tied a turmeric thread to the victim girl in his aunt’s house and had sexual intercourse with her several times. On the basis of the said statement and after investigation, charge sheet has been filed.
4. It is the submission of learned counsel for the petitioner that the statement of the victim has been recorded under Section 164 of Cr.P.C by the learned V Additional Civil Judge and JMFC, Tumkur, wherein she has not stated any sexual assault. He further by referring to the medical records submitted that the history given by the victim states that it was a consensual sex, there was no force. He further submitted that the victim is aged about 17 years and she voluntarily went along with the petitioner-accused and there was no force. Even he has not obstructed when she was taken to Shivamogga and other places. He further submitted that the petitioner-accused is ready to abide by the 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 has taken a minor victim and there he got married with her and later she was sexually assaulted, though knowingly well that she is a minor. The alleged offence is a serious one, if the petitioner- accused is enlarged on bail, he may abscond and may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition and the submissions made by both the counsels.
7. As could be seen from the contents of the medical records, it reveal that the age of the victim is 17 years and even in her statement under Section 164 of Cr.P.C, nowhere, she has made any allegation that she has been sexually assaulted by the petitioner-accused against her will. Even as could be seen from the records, wherein the victim was examined and the history was recorded, therein she has stated that along with the petitioner-accused, she went to his aunt’s house. When they both were staying in his aunt’s house, they had consensual sexual act and there was no force as alleged in the complaint. Under the said facts and circumstances of the case, I feel that when the age of the victim is 17 years and she was knowing the consequences. Hence, the petitioner has made out a case to release him on bail.
In that light, petition is allowed. Petitioner- accused is enlarged on bail in Crime No.66/2018 Of Women Police Station, Tumakuru for the offence punishable under Section 366(A) of IPC, under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and under Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, 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 on the first date of every month in between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall be regular in attending the trial.
Sd/- JUDGE RB