IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO. 6637 OF 2017 Between:
Santhosh @ Santhu, S/o. Nemmya Naik, Aged about 22 years, R/at Yasa Malapura Thanda, Huvinahadagali Taluk, Ballari District – 583 132.
... Petitioner (By Sri.H.H.Shetty, Advocate.) And The State by Women Police Station, Udupi, Mission Compound, Near Christian High School, Udupi.
... Respondent (By Sri.K.Nageshwarappa, HCGP.) This petition is filed under Section 439 of Cr.p.C praying to enlarge the petitioner on bail in Cr.No.3/2017 of Women Police Station, Udupi and Spl.C.No.26/2017 pending on the file of Principal Sessions Judge, Udupi for the offences punishable under Sections 376 and 506 of IPC and Section 6 of POCSO Act, 2012 and etc.
This petition coming on for Orders this day, the court made the following:
ORDER This is a petition filed by the petitioner/accused under Section 439 of Cr.P.C seeking his release on bail for the alleged offences punishable under Sections 376 and 506 of IPC and Section 6 of POCSO Act, 2012 registered by the respondent police in Crime No.3/2017.
2. Brief facts of the case are that victim girl is the complainant and she has mentioned her age as 16 years in the complaint. She has stated that she is residing with her parents in a rented house near Saikishan Ice Plant, Kola, Malpe, Udupi and is working as coolie in Malpe Harbour. Petitioner-accused also hails from Ballari District and as such, they know each other for the last one and half years. Since then, the petitioner used to come to the house of the complainant and on a promise of marriage, the petitioner had sexual intercourse with the complainant on four-five occasions against her will, in a room near by her house. Petitioner had threatened to kill her if she discloses the matter to anyone. Further allegations are that only two months before lodging the complaint, when complainant was speaking with the petitioner over mobile phone, her mother overheard their conversation and enquired with the complainant and complainant narrated the incident to her mother. Thereafter, the mother asked the petitioner to come to Malpe and asked him to marry the complainant. But the petitioner refused to marry her. On the basis of the said complaint, case came to be registered for the alleged offences.
3. Heard the arguments of the learned counsel for the petitioner and the learned HCGP for respondent- State.
4. Learned counsel for the petitioner submits that looking to the complaint averments and other materials produced by the prosecution, there is no prima facie case as against the petitioner of committing the alleged offences. He submits that the complaint averments go to show that the victim girl and petitioner were known to each other since one and half years. Therefore, learned counsel submits that if this aspect is taken into consideration, it will not make out a case under Section 376 of IPC. He also submits that now investigation is complete and charge sheet is filed. Hence, by imposing reasonable conditions, petitioner may be enlarged on bail.
5. Per contra, learned HCGP referring to the prosecution materials, complaint averments and statement of victim girl recorded under Section 164 of Cr.P.C before the Magistrate Court submits that the present petitioner against her will committed sexual act and he posed a life threat if she discloses the fact to anybody. He further submitted by referring to medical records that even the medical officer who examined the victim girl gave opinion that there was sexual intercourse. Even the FSL report also supports the prosecution case. Hence, it is his contention that petitioner is not entitled to be enlarged on bail.
6. I have perused the grounds urged in bail petition, FIR, complaint and the statement of the victim girl recorded before the Magistrate Court under Section 164 of Cr.P.C.
7. Looking to the complaint averments as well as statement recorded under Section 164 of Cr.P.C, there is allegation that the present petitioner committed sexual act forcibly against her will. It is also stated that he told her in case if she discloses the fact before anybody, he will commit her murder. I have also perused FSL report wherein it is stated that blood stains found in Article C of FSL report and serology report go to show that it is human blood and even blood group is also mentioned in the serology report. The prosecution material coupled with medical records in the case, prima-facie go to show the involvement of the petitioner in committing the alleged offences. Therefore, I am of the opinion that it is not a fit case to exercise discretion in favour of the petitioner.
8. Accordingly, petition is hereby rejected.
9. However, in view of the submission made by the learned counsel for the petitioner that since from the date of arrest, petitioner is in custody, the concerned Sessions Court to take up the matter on priority basis and to dispose of the same as early as possible.
Sd/- Judge dn/-