IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.7119/2018 BETWEEN :
Shivaram S/o Jayaram Aged about 23 years Residing at Kenchanahalli Village Kalasuru Post, H.D.Kote Taluk Mysuru District-571 114.
(By Sri M.S.Vishwanatha, Advocate) AND :
State by Beechanahalli P.S. H.D.Kote Taluk, Mysuru District, Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent 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 Crime No.120/2018 of Beechanahalli Police Station, Mysuru District, for the offence punishable under Section 376 of Indian Penal Code and Sections 4, 5(j)(ii), (l) and (q) of POCSO Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.120/2018 of Beechanahalli Police Station for the offences punishable under Section 376 of IPC and Sections 4, 5(j)(ii), (l) and (q) of POCSO Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that the victim has been residing along with her parents. She was studying in I PUC in Good Shephered College near Lakshmipura in the year 2017. When she was studying so, the petitioner- accused was also studying in the same college in II PUC and since 7 to 8 months he was acquainted with her victim and same has turned to friendship and they were loving with each other. Accused took her to isolated place and had sexual intercourse with her forcibly and as a result of the same, she became pregnant. After coming to know about the said fact by her mother, a complaint came to be registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated because of the previous vengeance between the petitioner and the complainant. He further submitted that they are relatives and the petitioner-accused has studied only up to 9th Standard and there is no question of he developing friendship when he was going to attend the college to study II PUC. He further submitted that the victim is residing at Mysore and the petitioner is residing in Bangalore and as such there is no question of he having physical relationship with the victim. He further submitted that a false complaint has been filed against the petitioner. Petitioner is ready to abide by any conditions and ready to offer sureties. On these grounds, he prayed to allow the petition by granting anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that there is ample material to show that the petitioner-accused has sexually assaulted the victim and as a result of the same, the victim became pregnant. Statement of the victim has also been recorded under Section 164 of Cr.P.C., wherein she has categorically stated that the petitioner-accused is her relative. Since beginning their parents used to tell that they are going to give in marriage. They came in close contact and as a result of the same, she became pregnant. There is ample material to show the involvement of the petitioner-accused in the said crime. The petitioner is absconding and he is not available for investigation. If he is released on bail, he may abscond and may not be available for trial. On these grounds, she prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the contents of the complaint, the complainant has categorically stated that the petitioner came in contract with her and they had physical relationship and when she complained about pain in her stomach she was taken to the Medical Officer and it was found that she has become pregnant. Even in the statement of the victim recorded under Section 164 of Cr.P.C. she has clearly stated that the petitioner has assaulted her sexually. Under the facts and circumstances of the case, I feel that it is not a fit case to grant anticipatory bail to the petitioner, which is a discretionary power of this Court.
Hence, petition stands dismissed.
However, liberty is given to the petitioner to surrender himself and move for regular bail before the trial Court. If such an application is made by the petitioner, the trial Court shall decide the same without being in any way influenced by any of the observations made by this Court during the course of this order.
Sd/- JUDGE *ck/-