IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8437/2018 BETWEEN:
N. Narasimhappa S/o late Chinn Narasimhappa Aged about 44 years Residing at No.1/112 Amudalagondi Village & Post Madakasira Taluk Anantapur District-515 301.
Presently residing at 1st Cross, Doddamma Devi Street, Shampura, Bengaluru City-560 045.
(By Sri G. Narasireddy, Advocate) AND:
State of Karnataka by Devarajeevanahalli Police Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
.…Petitioner … Respondent (By Smt. B.G. Namitha Mahesh, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.237/2018 Cr.No.1068/2018 of Devarajeevanahalli Police Station, Bengaluru City, for the offence punishable under Sections 376 of Indian Penal Code and Section 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R This Criminal Petition has been filed under Section 439 of Cr.P.C. to release him on regular bail in CIS No.1068/2018 (Crime No.237/2018) of Devarajeevanahalli Police Station, for the offence punishable under Section 376 of IPC and also under Section 6 of the POCSO Act.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that the complainant is staying along with her minor daughter by the side of the house of the accused. After completion of the work they regularly used to go to the house of the accused for watching the T.V. It is further alleged that on 11.9.2018 in between 10.00 to 10.30 p.m. the daughter of the complainant victim went to the house of the accused for watching the T.V. and within half an hour she returned by crying and when the complainant asked what happened, she replied that the accused told her to remove her dress and accordingly she removed her dress and subsequently accused also removed his dress and thereby he has sexually assaulted her. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioner that no such alleged incident has taken place as contended by the complainant. It is further submitted before the complaint there were some minor rift between them, to take revenge a false complaint has been registered. He further submitted that earlier the police also told the complainant that nothing has happened and they are not going to register the case, at that time galata has been made by the complainant and thereafter a case has been registered. He further submitted that on the alleged date of the incident the victim has been sent to the house and she has slept fully through-out the night. That itself clearly goes to show that there is no such incident as alleged. By referring to 164 statement he submitted that there is inconsistency in the statement of the victim and the medical examination report issued by Bowring and Lady Curzon Hospital, Bengaluru, no such external injuries have been caused to the private parts of the victim, even hymen is also intact and vagina is also normal. That itself clearly goes to show that the petitioner/accused has not done anything to the victim. He is ready to abide by the conditions and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused called the victim and asked her to remove the dress and thereafter he also removed his dress and committed sexual assault on her. She further submitted that 164 statement given by the minor girl corroborates with the medical evidence. The medical evidence also goes to show that on local general examination there were signs of attempt to commit the sexual assault. That is sufficient to attract the provisions of the POCSO Act. She further submitted that if the petitioner/accused is enlarged on bail, he may abscond and he may not be available for the trial. On these ground, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the petitioner and perused the records.
7. On close reading of the contents of the complaint, 164 statement and medical report of the Bowring and Lady Curzon Hospital, Bengaluru, there is consistency in the complaint and the medical evidence. When there is an attempt to commit the sexual assault on the minor girl aged about four and half years, then under such circumstances, it is not a fit case to release the petitioner/accused on bail.
In the light of the discussion held by me above, the petition is dismissed.
However, liberty has been given to the petitioner to review the bail application after examination of the victim and the trial Court is directed to expedite the matter.
Sd/- JUDGE *AP/-