IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 7859/2018 BETWEEN:
N.Chandrashekar S/o Narayana Swamy, Aged about 28 years, Aradeshahalli Village, Kundanahalli Village, Devanahalli, Bengaluru Rural District – 562135.
...Petitioner (By Sri.Narasimha Murthy.C.D, Advocate - absent) AND:
State of Karnataka, By Vishwanathapura Police Station, Bengaluru Rural District, Bengaluru-562 135.
... 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.167/2018 of Vishwanathpura Police Station, Bengaluru, for the offences punishable under Sections 376, 363, 366, 342 of IPC and Sections 4 and 12 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 has been filed by the accused/petitioner under Section 439 of Cr.P.C., seeking to release him on regular bail in Crime No.167/2018 of Vishwanathapura Police Station, Bengaluru registered for the offences punishable under Sections 376, 366, 342 of IPC and also under Section 4 and 12 of POCSO Act.
2. I have heard the learned High Court Government Pleader for respondent-State. Learned counsel for the petitioner has remained absent inspite of giving sufficient opportunity.
3. It is contended in the petition that the petitioner is innocent and he has been falsely implicated in this case. It is stated that because of political leaders’ influence he has been falsely implicated. It is further stated that the victim girl was having enough worldly knowledge. Her parents had fixed her marriage against her will and to avoid such marriage, she left her parental house. Hence, petitioner has not committed any offence as alleged. There is no material to show that the accused/petitioner is involved in the said act and he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, it is prayed to allow the petition and to release the accused/petitioner on bail.
4. Per Contra, learned High Court Government Pleader vehemently argued and submitted that the accused/petitioner eloped the minor girl by threatening her and had sexual intercourse with the victim and thereby, he has committed the alleged offence. There is ample materials to connect the accused/petitioner to the alleged crime. Hence, on these grounds, he prayed to dismiss the petition.
5. On close reading of the complaint it discloses that on 09.08.2018 in order to get married with the victim, accused/petitioner took the victim forcefully to his Aunty’s house and there wrongfully confined her in that house and committed sexual assault/rape and even the medical records corroborates with the statement of the victim. There is ample materials to show that the accused/petitioner is involved in serious offence of having committed the rape on minor girl. There is no good ground to release the accused/petitioner on bail. Hence, petition stands dismissed.
Sd/- JUDGE NS