IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.4741/2019 BETWEEN:
RAMA @ BANDE RAMA, S/O KUMAR, AGED ABOUT 22 YEARS, R/AT. BANNERGHATTA JANATHA COLONY KASABA HOBLI, ANEKAL TALUK BENGALURU DISTRICT NATIVE ADDRESS: LALAGHATTA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-571 511.
... PETITIONER (BY SRI CHIKKANNA, ADVOCATE) AND:
THE STATE OF KARNATAKA BY BANNERGHATTA POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
(BY SRI HONNAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.27/2019 OF BANNERGHATTA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S. 363, 376(3), 366 OF IPC AND SEC. 6 OF POCSO ACT, 2012.
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. Perused the records.
2. The allegations against the petitioner is that the petitioner and the victim girl, daughter of the complainant, appears to have fell in love with each other. In this context, they enjoyed sex with each other. The victim girl was a school going student aged about 16 years. Due to the intimacy between the accused and the victim girl, she became pregnant. Perhaps afterwards only this has come to the knowledge of the parents of the victim girl and it is also alleged in the complaint that since three years prior to the incident, they were loving each other. The date of birth of the victim girl is 5.3.2002 and the date of offence was about 8 months prior to 6.3.2019 and as on that date, the victim girl was aged less than 16 years.
3. Under the above said facts and circumstances, though it is contended that there was a love affair between the victim girl and the accused and the victim girl was a consenting party, all those things will not count in the eye of law. Because consent of a minor girl is of no consent in the eye of law.
4. Looking to the above said facts and circumstances of the case, as the statement of the victim girl is very strong running against the petitioner, at this stage, in my opinion, the petitioner is not entitled to be enlarged on bail considering nature of allegations and age of the victim girl. Hence the petition being devoid of merits is liable to be dismissed. Accordingly, it is dismissed.
5. However, the petitioner is in jail. The Trial Court is hereby directed to expedite the trial itself and dispose of the main matter as expeditiously as possible within one year from the date of receipt of a copy of this order.
Sd/- JUDGE MD