IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3671/2019 BETWEEN:
Maralinga S/o Sharanappa Aged about 22 years Occupation – Labour R/at Rupenagar Bommanahalli Bengaluru – 560 089 (By Sri Dinesh Kumar K Rao, Advocate Along with Sri S.B.Joshi, Advocate) AND:
The State by Bommanahalli Police Station Bengaluru Represented by Public Prosecutor High Court, Bengaluru – 560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.69/2019 of Bommanahalli Police Station, Bengaluru for the offence punishable under Section 366(A) and 376 of IPC and Section 5(L) and 6 of POCSO Act, 2012.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The respondent-police have laid a charge sheet against the petitioner-accused for the offence under Section 366(A), 376 of IPC and also under Section 5(L) and 6 of POCSO Act, 2012 and the case has been registered in Spl.C.No.479/2019 on the file of the Child Friendly Court, Bengaluru Urban District.
3. The brief allegations as could be seen from the entire charge sheet papers are that the victim girl was aged 17 years 6 months as on 05.03.2019. It is stated that since five months prior to the said date the accused has been persuading the victim girl to love him. Due to his persuasion the victim girl started loving him and they started wondering around together, specifically on 05.03.2019, the petitioner took her to Jutnahalli village near Magadi to a house and there he had sexual contact with her inspite of her refusal. It appears thereafter also they joined together upto 10.03.2019 and on that day a complaint came to be lodged and accused was arrested in this connection.
4. During the course of investigation, statement of the victim girl has been recorded and also recorded statement under Section 164(5) of Cr.P.C., before the jurisdictional Magistrate, she has virtually reiterated the above said allegations made by her. Therefore, looking to the facts and circumstances of the case and love affair between the victim girl and the petitioner and she has already crossed 17 years 6 months and whether she has got sufficient mental capacity to take decision and also her age has to be very meticulously established or that she was below the age of 18 years has to be thrashed out after full dressed trial. Therefore, considering the entire facts and circumstances of the case I am of the opinion that the petitioner is also aged 22 years, he is entitled to be enlarged on bail on conditions. Hence the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Cr.No.69/2019 of Bommanahalli Police Station, Bengaluru (Spl.C.No.479/2019 pending on the file of Child Friendly Court, Bengaluru Urban District) for the offence punishable under Sections 366(A), 376 of IPC and Section 5(L) 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/-(One Lakh only) with two sureties 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 the 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.
Kmv/-
Sd/- JUDGE