IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.9598 OF 2018 BETWEEN:
Shivashankara M., S/o C.V.Murthy, Aged about 21 years, R/at S.D.Jayram Badavane, Marakadu Doddi, Mandya Taluk, Mandya District – 571 401. ... Petitioner (By Sri.Lakshmikanth K., Advocate) AND:
State of Karnataka, By Mandya East Police Station, Bangalore, Represented by its Public Prosecutor, High Court Building, Bangalore – 01. ... Respondent (By Sri.S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.128/2018 (Spl.C.C.No.325/2018) of Mandya East Police Station, Mandya for the offences P/U/S 363, 366, 343, 376 of IPC, Section 6, 12 of POCSO Act and Section 9 of Child Marriage Restraint Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has sought for enlarging him on bail with respect to the proceedings initiated in Crime No.128/2018 in respect of offences punishable under Sections 363, 366, 343, 376 of IPC and Section 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Child Marriage Restraint Act.
2. It is stated that the petitioner has been in judicial custody since 12.08.2018.
3. It is the case of the petitioner that the victim’s mother had given a complaint to Mandya East Police Station stating that the daughter of complainant who is studying in 10th Standard has discontinued her studies.
On 04.08.2018 at about 8.30 p.m., the daughter of complainant by stating that she wanted to attend nature’s call went out of the house stating that she would come back. However, subsequently, she was not traced. It is the further case of prosecution that the victim had gone away with the accused and was apprehended only on 12.08.2018. It is further stated that the accused had tied Mangal Sutra to the victim in Tirupathi and had kept her in illegal detention between 05.08.2018 to 10.08.2018 and had committed the offence of rape.
4. It is noticed that investigation is complete and the statement of victim under Section 164 Cr.P.C., has been recorded. A bare perusal of voluntary statement would reveal that the victim had an affair with the accused and there was voluntary sexual intercourse between the petitioner and the victim. Taking note of the voluntary statement of the victim and since investigation is completed and also taking note of the fact that despite lapse of six months from the date of filing of charge-sheet, trial has not commenced, it would be a fit case to enlarge the petitioner on bail. Though the consent given by the victim would not in any way mitigate the offence, the proceedings in bail ought not to be treated as punishment for the offences committed. In the light of same, petitioner is entitled to be enlarged on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with a surety for the likesum before the trial Court.
(ii) The petitioner shall fully co-operate for expeditious disposal of the trial and shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) The petitioner shall physically present himself and mark his attendance before the concerned SHO once in a month till the conclusion of trial.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in automatic cancellation of bail.
Sd/- JUDGE Np/-