IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.2431/2019 BETWEEN:
Shaheed Pasha @ Abdul Khaleed @ Abdul Harseed, Aged about 33 years, Residing at 5th Block, New Town, Bethamangala, K.G.F. Taluk, Kolar District – 563 116. ... Petitioner (By Sri Srinivas G., Advocate) AND:
State by Sub-Inspector of Police, Bethamangala Police Station, KGF Taluk, Kolar District – 563 116.
Represented by State Public Prosecutor, Hon’ble High Court of Karnataka Building, Bangalore – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.299/2018 (S.C.
No.58/2019) of Bethamangala Police Station, KGF for the offences p/u/s 376 and 506 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for petitioner, the learned HCGP for the respondent-State and perused the records.
2. The brief factual matrix of the case are that initially the respondent police have registered a case against the petitioner for the offence under Sections 376 and 506 of IPC and also under Sections 4 and 8 of the POCSO Act in Crime No.299/2018. The allegations are made by the mother of the victim girl stating that the victim girl was aged about 16 years and she was a maid servant working in the house of the petitioner. It is alleged that since one year prior to lodging of the complaint, the petitioner taking advantage of the loneliness of the victim girl had continuous sexual intercourse with her, against her consent and will. Due to the above said act of the accused, the victim girl became pregnant and after she became pregnant, doubting the conduct of the victim, her mother had taken her to a Nurse and came to know that the victim girl was carrying 4-5 months pregnancy. Thereafter, she was informed by the victim girl about the acts of the petitioner and she came to know about the illicit act of the petitioner and on that basis, the complaint came to be lodged on 02.12.2018. The police after investigation found that the victim girl was more than 19 years as on the date of the alleged offence. Therefore, they have left out Sections 4 and 8 of the POCSO Act but laid charge sheet under Section 506 and 376 of IPC.
3. Looking to the nature of allegations made, it is clear that the victim girl had the knowledge that since one year prior to lodging of the complaint, the petitioner against her will and consent had sexually exploited her, but there is no whisper made by her to her mother or anybody else. Only when her mother doubted her and took her to a Nurse, then only she has disclosed the name of the accused. There is long delay in lodging the complaint and what exactly had transpired, whether the victim girl had consensual sexual intercourse with the accused or not, has to be thrashed out during the course of full fledged trial.
4. Apart from that, the learned counsel also submitted that the victim girl has delivered a child and in fact, no DNA test has been conducted by the prosecution. On the other hand, the accused himself has made an application before the jurisdictional court for DNA test and the said application is presently allowed by the trial court.
5. Looking into the above circumstance, in my opinion, the petitioner is entitled to be enlarged on bail on certain conditions.
6. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.299/2018 of Bethamangala Police Station, KGF, now pending on the file of III Additional District & Sessions Judge, KGF in S.C.No.58/2019 for the offences punishable under Sections 376 and 506 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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.
Np/-
Sd/- JUDGE