IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6920/2019 BETWEEN NAZEER S/O IBRAHIM AGED ABOUT 33 YEARS R/AT NO.4-208 NEAR NAGANAKATTE VALACHHIL PADAV ARKULA, MANGALURU D.K.DISTRICT – 575 003 (BY SRI. B. LETHIF, ADVOCATE) AND THE STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER ... PETITIONER BY MANGALURU WOMEN POLICE STATION MANGALURU, D.K. DISTRICT – 575 003 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.5/2019 OF MANGALURU WOMEN POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/Ss 376, 387, 354, 506 R/W SEC.34 OF IPC AND SEC.4 AND 8 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-police have laid charge sheet against the petitioner for the offences punishable under Sections 376, 354, 506 r/w 34 of IPC and Sections 4 & 8 of the POCSO Act.
3. The charge sheet papers disclose that, on 09.01.2019 when CWs. 1 & 2 were talking with each other near Adyar Hills, at that time, Accused Nos. 1 & 2 came there and asked their caste and when the victim girl replied that she belonged to Scheduled Caste and CW.2 is a Christian. Thereafter, it is alleged that, they have taken some photographs and recorded video graphs of CWs.1 & 2 being together in their mobile phone and they demanded for a sum of Rs.20,000/- to delete the said video graphs. Then CWs. 1 & 2 pleaded for not do such things and that they are students and they do not have that much money. At that time, Accused No.2 has taken ATM Card from CW.1 and went to ATM booth and thereafter he telephoned to Accused No.1 to send CW.2 to take money from the ATM machine. Taking advantage of that situation, the petitioner (A1) took CW.1 to the forest area and forcibly committed rape on her in spite of her resistance and reluctance.
4. On the above said allegations, charge sheet has been laid. The entire charge sheet has not been produced before the Court.
5. A careful perusal of the statement of the CW.1-victim girl under Section 164(5) of Cr.PC. reveals that, she has virtually reiterated the above factual aspects before the jurisdictional Court. The delay has also been explained before the Jurisdictional Court stating that, since the accused persons have threatened the victim girl with dire consequences of releasing the video graphs and making them viral in the social media she kept quiet and when the accused persons started demanding money for deleting the photos and videos, she disclosed the incident to her mother and thereafter, she lodged a complaint before the jurisdictional police.
6. Considering the age of the victim girl, the respondent-police have invoked the provisions of POCSO Act. Therefore, looking to the above facts and circumstances of the case and serious allegations are made against the accused persons particularly against Accused No.1, I am of the opinion that, the petitioner has not made-out a case and hence, he is not entitled to be enlarged on bail. Therefore, the petition deserves to be dismissed.
Accordingly, the petition is dismissed.
Sd/-
JUDGE KGR*