IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.5557/2017 BETWEEN:
Mohan S/o Muniyappa Aged about 21 years R/at Appasandra Village Jadigenahalli Hobli Hosakote Taluk-560 114. .. PETITIONER (By Sri B Anand, Adv.) AND:
State of Karnataka By Hosakote Police Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001. .. RESPONDENT (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.603/2016 of Hoskote P.S., Bengaluru District and Spl.C.No.50/2017 pending on the file of the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 366(A), 342, 376, 109 of IPC and Sections 4, 6, 17 of POCSO Act, 2012.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 4 and 6 of POCSO Act and Section 376 of IPC registered in respondent Police Station Crime No.603/2016. After investigation, charge sheet came to be filed for the other offences also.
2. I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.
3. Learned Counsel for the petitioner made submission that looking to the complaint averments, and more particularly, the statement of the victim girl, it goes to show that prima facie, she was having love affair with the present petitioner. Though it is an allegation in the complaint and in the statement of the victim girl that the petitioner took her on his two wheeler vehicle, she could have protested for the offence and she could have asked for the help of some other persons, which is not done in this case. He submitted that even looking to the age of the victim girl, she is aged 16 years and nearing the age of majority. Looking to the medical records, it is not supporting the case of prosecution. The learned Counsel further submitted that since from 10 months, the petitioner is in custody and therefore, by imposing the reasonable conditions, the petitioner may be released on bail.
4. Per contra, learned HCGP made submission that though the victim girl might be having love affair as submitted by the other side, but with reference to the sexual intercourse is concerned, it is clearly stated that it is the forcible intercourse. The girl is minor, aged 16 years, and the alleged offences are under the provisions of POCSO Act. He made submission that now the case is pending before the trial Court for framing the charges. Hence, by giving direction to the trial Court for speedy disposal of the case itself, the petition can be disposed of.
5. I have perused the averments made in the bail petition, FIR, complaint. I have also perused the statement of the victim girl recorded by the investigating officer during investigation.
6. In the statement, the victim girl has stated that the present petitioner said her that the wife of her brother-in-law delivered and he asked the victim girl to go to Malur along with him. The petitioner forcibly took her on his bike to Malur. Thereafter, he took her to other places, committed forcible sexual intercourse on the night of 30.11.2016 so also on 1.12.2016. Looking to the statement of the victim girl, she has narrated about the sexual intercourse on her by the present petitioner accused No.1.
7. I have perused FSL report dated 2.3.2017. In the said report, totally 16 articles were sent for examination and report. In the opinion column, at sl. No.1, it is mentioned that seminal stain was not detected in article Nos.1 to 9 and 11 to 16 and at Sl. No.2, it is mentioned that the contents of article No.10 were disintegrated.
8. I have also perused letter dated 13.5.2017 of Assistant Professor, Department of Obstetrics and Gynecology, MVJ Medical College and Research Hospital, Dandupalya, Hoskote, Bengaluru, to Circle Inspector of Police, Hoskote Circle, Bengaluru. Looking to the contents of this letter, it is mentioned that FSL report of specimens sent with respect to case No.603/2016, has come negative and he is of the opinion that there is no evidence of sexual intercourse. Therefore, looking to the medical records, as rightly submitted by the learned Counsel for the petitioner that they are negative, the oral statement of the victim girl, at this stage, cannot support her case. The petitioner has contended that he is innocent and he has been falsely implicated in the case and he has not at all committed the alleged offence. He has undertaken that he is ready to abide by any condition that may be imposed by this Court. Investigation of the case is completed and the charge sheet has been filed. Hence, it is a fit case to exercise discretion in favour of the petitioner.
9. Accordingly, petition is allowed. Petitioner- accused No.1 is ordered to be released on bail for the offences punishable under Sections 366(A), 342, 376, 109 of IPC and Sections 4, 6, 17 of POCSO Act, 2012, now pending on the file of the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Spl. C. No.50/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for the sum of Rs.1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE Cs/-