IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 6573/2018 BETWEEN:
Ragav @ Ragu S/o Narayana Aged about 23 years, R/at beside Veerabadreshwara Provision Store, Prasanna Layout Main, Vigneshwaranagara, Hegganahalli, Bengaluru – 562110.
...Petitioner (By Sri.Manjunath.M.R, Advocate for Sri.Puttaraju.H, Advocate) AND:
State of Karnataka, By Rajagopalanagara Police, Rep. by State Public Prosecutor, High court Building, Bengaluru – 560001.
... Respondent (By Smt.Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.269/2018 of Rajagopal Nagar Police Station, Bengaluru and in Spl.C.No.546/2018 pending on the file of LIV Additional City Civil and Sessions Judge, sitting in child friendly Court, Bengaluru Urban District, for the offences punishable under Sections 363, 366, 366(A) and 376 of IPC and Sections 6 and 17 of POCSO Act and Section 4 of Prohibition of Child Marriage 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 petitioner/accused No.1 under Section 439 of Cr.P.C., seeking to release him on regular bail in Crime No.269/2018 (Spl.C.No.546/2018) of Rajagopalanagara Police Station, Bengaluru registered for the offences punishable under Sections 363, 366, 366(A), 376 of IPC and Sections 6 and 17 of POCSO Act, 2012 and also under Section 4 of Prohibition of Child Marriage Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that a missing complaint was filed alleging that the complainant is working as Tailor and she has two children and victim was studying in SSLC in Mariya Saadana School. On 06.04.2018 at about 9.00 a.m. she dropped her daughter to the said school. Victim girl used to come home after the examination. But, on the said day, she did not return. Then the complainant enquired everywhere with relatives and friends. When she has not found her daughter, she filed a missing complaint. During the course of investigation when the victim girl was traced, her statement was recorded. It revealed that the petitioner/accused eloped her and got married. Hence, she was there in the house of petitioner/accused and she has been sexually harassed.
4. It is the submission of the learned counsel for the petitioner that there is a delay of 26 days in filing the complaint. It is further submitted that petitioner/accused and the victim girl used to love one another from more than 1 year and she left the house voluntarily. He further submits that the statement recorded under Section 164 of Cr.P.C does not reveal any overt acts as against the petitioner/accused. He further submits that the victim girl has been examined by the Doctor on 04.05.2018 and the Doctor has found that Hymen appears to be intact, no injuries were seen around labion and no other external injuries were also found over the body, this clearly shows that victim has not been sexually assaulted. It is further submitted that the alleged offence is not punishable with death or imprisonment for life. 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, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per Contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused eloped the minor girl and enticed the victim girl and got married. He was aware of the fact that she is a minor and thereafter, he has committed sexual assault. She further submits that the charge sheet material clearly shows that the petitioner/accused is involved in a serious offence. If the petitioner/accused is enlarged on bail, he may abscond and he may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials when the missing complaint was filed and subsequently victim traced and that she was examined by the Doctor on 04.05.2018, the Doctor found that the Hymen appears to be intact and no injuries seen around labion. That it clearly goes to show that the victim girl had not been sexually assaulted by the petitioner/accused. The only allegation which remains for consideration to the Court is that the petitioner/accused eloped the minor girl against her will and when he got married to her, he was knowing that she is a minor and that matter has to be considered only at the time of trial. The alleged offence is not punishable with death or imprisonment for life and no sexual assault has been substantiated by the material. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, petition is allowed. Petitioner/accused is enlarged on bail in Crime No.269/2018 (Spl.C.No.546/2018) of Rajagopalanagara Police Station, Bengaluru registered for the offences punishable under Sections 363, 366, 366(A), 376 of IPC and Sections 6 and 17 of POCSO Act, 2012 and also under Section 4 of Prohibition of Child Marriage Act subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the trial Court without prior permission.
3. He shall mark his attendance once in a month i.e., on 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regularly appear before the trial Court for trial, without fail.
Sd/- JUDGE NS