IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8246 OF 2019 BETWEEN:
RAJENDRA POOJARY, AGED ABOUT 26 YEARS, S/O LATE KRISHNA POOJARY, R/A GULABI NILAYA, KALGOLI, HEBBARBETTU, BAIDEBETTU, KUDI VILLAGE, UDUPI TALUK AND DISTRICT, PIN CODE-576213. ...PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADVOCATE) AND:
STATE OF KARNATAKA, BY UDUPI WOMEN POLICE STATION, REPREENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2019 (SPL.C.C.NO.116/2019) OF WOMEN P.S., UDUPI FOR THE OFFENCE P/U/S 354(D)(2), 506, 451, 376(1), 354(A) (2) OF IPC AND SECTION 4, 8, 12 OF POCSO ACT AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The respondent-Police have filed the charge sheet in Spl.CC.No.116/2019 against the petitioner- accused for the offence punishable under Sections 354(D)(2), 506, 451, 376(1), 354(A)(2) of IPC and also under Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012, arising out of Crime No.34/2019 of Women Police Station Udupi.
3. The brief facts of the case are that the accused and the victim girl were known to each other, when she was studying in 10th Standard, the conversation between them started over phone. It is alleged that the petitioner was always following the victim girl and threatened her with dire consequences. In this context, it is alleged that on 13.07.2019 in the night at 12.10 hours, the petitioner telephoned to victim girl and told her that he would be coming to her house and she has to open the door otherwise he would kill her father and mother. Accordingly, he came to the house, she opened the door and the accused had physical contact with her and went away. Again on 20.07.2019 when he went to the house of the victim, got the door opened and entered the house and forced the victim to have sexual contact, when the victim refused for the same, then the father and mother of the victim woke up and in fact, at that time, seeing the father and mother of the victim, petitioner ran away from the spot. On these allegations, charge sheet has been filed.
4. During the course of investigation, the victim examined under Section 164(5) of Cr.P.C., wherein, she in fact reiterated the said aspect in her statement. Before the Doctor when she was subjected to medical examination, she stated that she actually collected the phone number of the petitioner and started chatting with him when she was studying in 10th Standard. Therefore, looking to the above said facts and circumstances, during the course of trial the Court has to consider whether due to infatuation or love they joined together and had physical contact and further whether she was a willing party or any forcible act committed by the petitioner because during the night hours he went to the house of the victim twice and inspite of that at the first instance she was ravished, she did not disclose the matter to anybody. Under the above said circumstances, in my opinion, when the victim has crossed 17 ½ years of age and she was at the verge of attaining majority, the above said facts have to be thrashed out during the course of trial. The petitioner-accused has already been arrested and is in judicial custody and charge sheet has been filed, hence, he is no more required for further investigation.
Therefore, the petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with Spl.CC.No.116/2019 on the file of Principal District and Sessions/Special Judge, Udupi District, Udupi, registered for the alleged offences (arising out of Crime No.34/2019 of Women Police Station, Udupi), subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not tamper with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the 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 of the court till the case registered against him is disposed of.
Sd/- JUDGE BSR