IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3748/2019 BETWEEN S PRAKASH S/O LATE SHIVAPPA AGED 23 YEARS R/O SHIVAPURA VILLAGE SRINIVASAPURA TALUK KOLAR DISTRICT - 563135 ... PETITIONER (BY SRI. SANDEEP LAHIRI., ADVOCATE FOR SRI. R. SHASHI KUMAR., ADVOCATE) AND STATE OF KARNATAKA BY SRINIVASPUR POLICE KOLAR DISTRICT - 563135 REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.330/2018 REGISTERED BY SRINIVASAPURA POLICE STATION, KOLAR FOR THE OFFENCE P/U/Ss. 366A, 376 AND 114 OF IPC AND SECTION 4, 6 AND 8 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 (A1) and the learned HCGP for the Respondent–State. Perused the charge sheet papers, which is produced for consideration of the Court.
2. The allegations made against the petitioner (A) in brief are that, the petitioner (A1) herein is known to the victim girl. In fact on 03.11.2018, in the afternoon at about 6.00 p.m., when the victim girl has come out from her house to go for tuition classes near the Government School at Shivapura, Accused No.2 came to the victim girl and called her and said that Accused No.1 is calling her. Accordingly, she went to Accused No.1. In fact, Accused No.1 persuaded her and taken her to different places and thereafter to Hosakote and thereafter to Orissa and thereafter, they came back and for about seven days they were together wandering around. It is stated that, during that time, the petitioner had sexual intercourse with her.
3. Learned counsel for the petitioner has tried to convince the court stating that, it is a case of consent and even otherwise the medical evidence is absent in respect of sexual activity is concerned; The Doctor has not given any specific opinion; As per the order of the trial Court, there may be chances of sexual intercourse. The trial Court has also observed that, according to the Doctor’s statement, the victim girl sustained injuries over the knee and index finger and in her statement, the victim girl has stated that, Accused No.1 has committed rape on her, during her stay with him.
4. Looking to the facts and circumstances, the material available on record shows that the victim girl was aged 15 years as on the date of incident. Therefore, it is too premature to come to a conclusion that, she was in the age group of giving consent for sexual intercourse. Even though, on her own will and wish, if the victim girl went with the petitioner/accused, it may not help him, because, the preliminary report shows that the victim girl was aged 15 years as on the date of incident and the victim girl has narrated the history and also there are injuries over the knee and index finger and also her back. The hymen is torn and the final opinion of the doctor shows that the findings are consistent with vaginal penetration and the doctor has stated that there is a chance of rape on her.
5. On careful perusal of the materials on record, it is clear that when the charge sheet has already been filed and the case has been committed to the Sessions Court, and the same is now pending in SC No.224/2018 (Crime No.330/2018 of Srinivasapura Police, Kolar District) before the II Additional Sessions Judge, Kolar. In addition to that, when the offences are invoked under the POCSO Act, it is the duty of the trial Court to expedite the trial and dispose of the case as early as possible.
6. With the above said observation, the petition is dismissed. However, the trial Court is directed to expedite the trial and dispose of the case as early as possible, preferably within one year from the date of receipt of a copy of this order.
KGR* Sd/-
JUDGE