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 CRIMINAL PETITION NO.5627/2019 BETWEEN SANTHOSH S/O. MALAHAL KUBENDRAPPA AGED ABOUT 26 YEARS R/AT MEDIKERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT- 577 021 …PETITIONER (BY SRI JAYAPRAKASH K.N. ADVOCATE) AND THE STATE OF KARNATAKA BY SANTHEBENNUR POLICE STATION DAVANAGERE DISTRICT REPTD. BY ITS SPP HIGH COURT BUILDING BENGALURU- 560 001 …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 CRIME NO.42/2019 (S.C.NO.110/2019) OF SANTHEBENNUR P.S., DAVANAGERE DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 AND 366(A) OF IPC AND SECTION 4 OF THE POCSO ACT.
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 the learned HCGP for the respondent - State. Perused the records.
2. The respondent/Police have registered a case initially for the offence punishable under Section 363 of IPC in Crime No.42/2019 on the complaint lodged by one Manjappa T.K. stating that his brother’s daughter, the victim girl aged 16 years was going to the College. She did not return on 16.03.2019 and they suspected the accused persons perhaps enticed her from the college. On the basis of that, the Police during the course of investigation secured the victim girl as well as the accused persons and the petitioner/accused No.1 was arrested in connection with the said case.
3. During the course of investigation, Police have recorded the statement of the victim girl which revealed that the petitioner and the victim girl were loving each other since three years prior to the alleged incident and on 15.3.2019 the victim girl came to know that her parents are searching for bridegroom for her. In fact, the same was intimated by her to the accused and thereafter they decided to go back and accordingly on 16.03.2019, they went together to various places particularly they went in an Omni car and went to Santhebennur and to Kalkere village. There they married each other in a temple and they stayed in Vaibhav Residency at Tirupathi and there they had sexual intercourse with each other and thereafter they stayed till Sunday and afterwards they came back and when they were in Guntakal Railway Station, the Police found them and secured them to the Police Station.
4. Even during the course of investigation, statement under Section 164 of Cr.P.C. was also recorded. There also she has not meticulously stated anything about accused but she implicated him that inspite of her reluctancy, he took her and committed rape on her, etc.
5. Taking into consideration the above said statement of the victim and also the medical report which shows that she was aged about 18 to 21 years, even according to her statement, she has already crossed 17 years, looking to the nature of allegations and the conduct of both accused and the victim girl, at this stage, in my opinion, as the charge sheet has already been filed and the accused has been arrested and no further investigation is necessary, the prosecution has to prove the allegation beyond reasonable doubt particularly that the victim girl was below the age of 18 years as on the date of the offence. Till that is done by the prosecution, in my opinion, with stringent conditions, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.42/2019 of Santhebennur Police Station pending in S.C.No.110/2019 on the file of II Additional District and Sessions Judge, Davanagere, registered for the offence punishable under Sections 366A and 376 of IPC and Section 4 of POCSO Act, subject to the following conditions:
(i) The petitioner shall execute his 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 indulge in tampering 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 KNM/-