IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7880/2017 BETWEEN:
SHAHABAZ S/O LATE SYED SHARIFF AGED ABOUT 26 YEARS R/O ASHOKAROAD SAKALESHAPUR HASSAN DISTRICT – 573 134.
... PETITIONER (BY SRI.CHANDRASHEKARA K.A., ADV.,) AND:
THE STATE OF KARNATAKA BY THE POLICE OF SAKALESHAPURA TOWN POLICE STATION SAKALESHAPUR HASSAN DISTRICT – 573 134.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.
...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.218/2017 OF SAKALESHPURA TOWN POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 114, 376, 417 AND 506 R/W 34 OF IPC AND SEC.4, 6 AND 8 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 376, 506, 114, 417 read with Section 34 of IPC and also under Section 4, 6 and 8 of Protection of Children from Sexual Offences Act, 2012, registered in respondent police station Crime No.218/2017.
2. The victim girl herself is the complainant in this case. She has stated that she has acquaintance with the present petitioner. One day, the petitioner took the complainant to his hostel, though she has refused and took her to have the coffee. Thereafterwards, he took her to for rounds and he started to kiss her. Even though she has refused against her will, he committed sexual intercourse on her. After that, the petitioner herein threatened her in case if she informs the same to her parents, he will commit their murder also. Because of that reason, the complainant has not lodged the complaint earlier.
3. Heard the arguments of the learned counsel for the petitioner and also learned HCGP for the respondent – State.
4. Learned counsel for the petitioner made the submission that other accused persons have been already granted anticipatory bail by the order of the learned Sessions Judge and he has produced copy of the said orders. He also made the submission that petitioner is a graduate, false allegations are made against him and that he has not committed the alleged offences. Hence, he submitted by imposing reasonable conditions, petitioner may be admitted to anticipatory bail.
5. Per contra, learned HCGP opposed the petition on the ground that as per the records, victim girl was aged about 15 years as on the date of the alleged incident. In the complaint as well as in the statement recorded under Section 164 of Cr.P.C. before the Court, there is a clear allegation that forcibly and against her will, petitioner has committed the sexual intercourse on her and also threatened her in case, if she lodges the complaint, he will not spare her parents also. Hence, he submitted that in view of these materials, petitioner is not entitled to be granted with anticipatory bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint, statement under Section 164 of Cr.P.C. and complaint averments. Looking to these materials, there are serious allegations made against the present petitioner that he forcibly took the complainant against her will and committed the sexual intercourse on her. As submitted by learned HCGP that as per the school records, the age of the complainant as on the date of the incident goes to show that she was aged 15 years. Considering these materials and the alleged offences, in my opinion, this is not a fit case for grant of anticipatory bail. Hence, petition is hereby rejected.
6. Learned counsel at this stage made the submission that petitioner – accused No.1 is prepared to surrender before the concerned Court. In case, if he surrenders and make the application seeking his release on regular bail, the concerned Court has to consider the bail application on priority basis and to dispose of the same as early as possible on merits and in accordance with law and if possible take up and dispose of the application on the same day.
Sd/- JUDGE VMB