IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6468/2019 BETWEEN PRASHANTH SOMAPPA CHALAGERI S/O. SOMAPPA AGED 22 YEARS, OCC: COOK R/O. AREMALLAPURA VILLAGE RANEBENNUR TALUK HAVERI DISTRICT ... PETITIONER (BY SRI. M. R. HIREMATHAD, ADVOCATE) AND STATE OF KARNATAKA BY DAVANAGERE WOMEN POLICE STATION DAVANAGERE – 577 001 REP. BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B. J, HCGP FOR ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.35/2019 (S.C.NO.165/2019) OF WOMEN POLICE STATION DAVANAGERE FOR THE OFFENCE P/U/Ss. 363, 376 OF IPC AND SECTION 9 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 and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-Davangere Women Police have registered a case in Crime No.35/2019 (SC No.165/2019) against the petitioner for the offences punishable under Section 363 and 376 of IPC and Section 6 of the POCSO Act, on the basis of the complaint lodged by one Sri. Kariyappa, the grand- father of the victim girl.
3. The allegations made against the petitioner (accused) in brief are that, on 20.06.2019 at 3.00 p.m., the accused had abducted the victim girl. After some days ie., on 09.06.2019, the petitioner and the victim girl are traced near Gadde Thimmapura Thanda near the place Called Guttula. After tracing of the victim girl, her statement was recorded under Section 161 of Cr.PC., wherein she has stated that, on 24.06.2019 the petitioner has taken her to Thimmapura Tanda and kept her in his house and he had sexual act with her against her will for 3 to 4 times and on 09.06.2019, the police have traced them and arrested the petitioner/accused.
4. During the course of investigation, the police have also got recorded 164(5) statement of the victim girl and in the said statement, the victim girl has virtually exonerated the petitioner from any crime; She has categorically stated that about 1½ months prior to lodgment of the complaint, she was frustrated due to the ill-treatment by her grand-father. Therefore, she went to one of her relatives house by name Shivu and Ganga and she stayed there for 1½ months and on 09.06.2019, she came to know about the complaint lodged by her grand-father against the petitioner. Therefore, she came back to her place and disclosed the above said facts to the police.
5. Looking to the above said facts, there are two statements of the victim girl with two different and divergent versions. Therefore, the truth or falsity of two statements of the victim girl has to be thrashed-out during the course of full-dressed trial. Even it is ascertained that the victim girl has already crossed the age of 17 years. Therefore, in the above circumstances, I am of the opinion that, the petitioner is entitled to be enlarged on bail with certain conditions. Hence, the following, -
ORDER The Petition is allowed. Consequently, the petitioner/accused-Prashanth Somappa Chalageri shall be released on bail in connection with Crime No.35/2019 of Women Police Station, Davangere, registered against him for the aforesaid offences, now pending on the file of the Court of II Addl. District and Sessions Judge, Davangere in SC No.165/2019, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*