IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 11th day of December, 2017 BEFORE THE HON’BLE MR JUSTICE BUDIHAL R B Criminal Petition No 8302 of 2017 BETWEEN:
MR REDDY SHEKAR S/O RAMANNA AGED ABOUT 25 YEARS OCC: PAINTER R/O. GUDISHIVANIPALLI VILLAGE SRINIVASAPURA TALUK SRINIVASAPURA DISTRICT KOLAR … PETITIONER [By Sri Veeranna G Tigadi, Advocate] AND:
STATE OF KARNATAKA REP BY SUB-INSPECTOR OF POLICE GOWNIPALLI POLICE STATION TALUK: SRINIVASPURA DISTRICT: KOLAR REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU ... RESPONDENT [By Sri Chetan Desai, HCGP] CRIMINAL PETITION IS FILED UNDER SECTION 439 CRPC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO 39/2017 (SC NO 123/2017) OF GOWNAPALLI POLICE STATION, KOLAR DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 363 AND 376 OF IPC AND SECTION 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT. 2012.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner-accused under Section 439 CrPC, seeking to release him on bail in Crime No 39 of 2017, now pending in Sessions Case No 123 of 2017, on the file of District and Sessions Judge, Kolar, registered by the respondent-police for the offences punishable under Sections 363 and 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
2. Heard the arguments of the learned counsel for the petitioner and the learned HCGP appearing for the respondent. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
3. The father of the victim girl is the complainant in this case, wherein, he has stated that the victim girl is his granddaughter. On 2-4-2017, she left the house informing that her examinations were over and she would go and meet her teachers. However, thereafter, she did not return. The victim was aged 17 years. The complainant lodged the complaint about the missing of minor granddaughter of the complainant. The respondent police registered case in Crime No 39 of 2017 and started investigation.
4. The victim girl gave her statement before the police, wherein, she stated that she was in love with the present petitioner and that the petitioner told her that he would marry her. It is stated that after talking to each other, from 2-1-2017, they started living together in one house. At that time, the petitioner has not at all given any trouble to her. Thereafter, her parents came to the said house and took her to their house. Then she completed PUC. However, she and the petitioner continued their acquaintance and were talking each other over phone. Since the petitioner told her that he would marry her, the victim girl informed the petitioner on 2-4-2017 to come to the bus-stand. Thereafter, she and the petitioner proceeded in a car to Bengaluru and they were staying in a house at Agrahara Extension, Yelahanka, Bengaluru. The petitioner is a coolie worker and during night he used to have sexual intercourse with her.
5. During the arguments, the learned counsel for the petitioner produced a copy of the SSLC marks card of the victim before the court. Her date of birth is 16-7-1999, i.e., 2 to 3 months short to attain the age of 18 years as on the date of alleged offence. The learned counsel for the petitioner also produced a copy of the order dated 12-6-2017, passed by a Division Bench of this court in WP(HC) No 75 of 2017.
6. A perusal of the said order of the Division Bench, it is seen that the victim girl, who was produced before the court by police, when queried by the Court had declared that she herself left her parents’ house and that her date of birth is 16-7-1999. When the Division Bench enquired about her desire to go to the parents’ house, she told that she was not desirous to go to her parents’ house. In those circumstances, since the victim girl has not completed 18 years of age as on that date, she was ordered to be kept in the Balagrahamandi, Maskam, KGF, Kolar, for which she was agreeable.
7. During the course of submissions before the court, the learned HCGP, appearing for the respondent, made submissions that the victim girl is below the age of 18 years as on the date of occurrence of the alleged offences and therefore the petitioner is not entitled for bail.
8. In so far as the allegation of kidnap is concerned, it is seen that the victim gave her statement before the Division Bench that she voluntarily left her parents’ house. Even with regard to the alleged sexual intercourse is concerned, looking into the statement of the victim girl, there is no mentioning of forcible intercourse with her by the petitioner. She stated that during night they used to have sex in between them.
9. The petitioner contended that he has not committed the alleged offences and that he is ready to abide by any reasonable conditions that may be imposed by the court.
10. Looking into the materials available on record and placed before the court, and in view of the fact that the investigation is completed and charge sheet is also filed, I am of the opinion that this is a fit case to exercise the discretion in favour of the petitioner.
11. Accordingly, the Criminal Petition is allowed. The petitioner-accused is ordered to be released on bail for the alleged offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of ` 1,00,000/- {Rupees one lakh only] and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE *pjk