IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.386/2019 BETWEEN :
Mr.Marappa S/o Ramaiah Aged about 22 years Melur Village, Dikanapalli Post Denkani Kottai, Tamil Nadu-635 107 (By Sri H.P. Leeladhar, Advocate) AND :
State by Hulimavu Police Station Bengaluru City Represented by State Public Prosecutor High Court Buildings Bengaluru-560 001.
… Petitioner … Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.190/2018 registered by Hulimavu Police Station, Bengaluru, for the offences punishable under Sections 376 and 366(A) of Indian Penal Code and Section 4 and 6 of POCSO Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by the accused under Section 439 of Cr.P.C. praying to release him on bail in Crime No.190/2018 of Hulimavu Police Station, for the offences punishable under Sections 4 and 6 of POCSO Act and Sections 376, 366A of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that the complainant’s daughter victim girl was studying at St.Joseph College in I Year PUC in PCMB. On 27.7.2018 at about 7.30 a.m., victim girl has gone to the college and has not attended the class. The complainant got an information that when the victim girl went to Bus Stop, the accused person came and took the victim girl on the motorcycle forcibly to a park behind Wilson Garden Police Station under the guise of seeing his mother. Thereafter, he took the victim girl in self drive in rented car to Yelechenahalli. But in the middle of the way the accused has sexually assaulted the victim forcibly in the car. Thereafter he came back and dropped her to the Bus stop. When the victim girl came to the house, she narrated the facts to her parents. Thereafter, the accused was called by them and when he was enquired, he answered arrogantly. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused that the petitioner and the victim girl were loving each other. Prior to the alleged incident, they had moved together at various places. He further submitted that it is a consensual sexual act. Already charge sheet has been filed and the accused-petitioner is not required for the purpose of further investigation and interrogation. He further submitted that the provisions of Sections 4 and 6 of the POCSO Act are not applicable to the facts of the case on hand. He further submitted that the statement of the victim girl was recorded under Section 164 of Cr.P.C. which clearly goes to show that victim girl voluntarily went along with the petitioner and she was also consenting party. He further submitted that the petitioner is ready to abide by any conditions imposed by this court and ready to offer sureties. On these grounds, he prayed to allow the petition and to grant bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused took the minor victim girl to various places and he has sexually assaulted her and thereby committed a serious offence. He further submitted that the petitioner-accused is highly influential person and if he is enlarged on bail, he may tamper with the prosecution evidence. He further submitted that in the statement of victim recorded under Section 164 of Cr.P.C. she has clearly stated that the petitioner-accused has sexually assaulted her against her will. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records including the statement of the victim recorded under Section 164 of Cr.P.C. before the learned Magistrate. On perusal of the same, it indicates that victim girl has gone along with the petitioner voluntarily. They were loving each other. When they have gone to a park behind the Wilson Garden Police Station and when the accused was talking with another person she was alone sitting in the park and before going in to the car, she went inside the hotel and changed her college uniform and thereafter went along with the accused. They moved to various places. It is stated in the complaint that it is a forcible sexual assault on the victim girl by the accused. But on perusal of the statement of the victim and other material which has been produced it clearly goes to show that it was a consensual sexual act. the victim girl was aged about 17 years at the time of the incident and she was aware of the consequences. Under such circumstances and as already charge sheet is filed, the custodial continuation of the petitioner is not necessary. In that light, petitioner may be shown leniency.
Accordingly, the petition is allowed and petitioner- accused is enlarged on bail in Crime No.190/2018 of Hulimavu Police Station, for the offences punishable under Sections 4 and 6 of POCSO Act and Sections 376, 366A of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner.
iii) He shall not leave the jurisdiction of the trial Court without prior permission.
iv) He shall be regular in attending the trial.
v) He shall mark his attendance once in a month on every 1st before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trial is completed.
Sd/- JUDGE *ck/-