IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.4410/2017 BETWEEN:
SRI AJAY AGED ABOUT 26 YEARS, SON OF GOVINDA SALIAN, SALES ASSISTANT PAI INTERNATIONAL UDUPI (BY SRI.P P HEGDE, ADV.) AND ...PETITIONER THE STATE THROUGH THE SUB INSPECTOR OF POLICE, SHIRVA POLICE STATION, UDUPI TALUK (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-01) ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.106/2016 (SPL.C.NO.7/2017) OF SHIRVA P.S., UDUPI DISTRICT FOR THE OFFENCE P/U/S 448,376,506 OF IPC AND SEC.4,6,12 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 448, 376, 506 of IPC and also under Section 4, 6 and 12 of Protection of Children from Sexual Offences Act, registered in respondent – police station Crime No.106/2016, now pending in Spl.Case No.7/2017 on the file of Prl.Sessions/Special Judge, Udupi.
2. Brief facts of the prosecution case that on the basis of the complaint lodged by one Miss.Savina D/o.David, Kunjigudde, Pillar Village, Udupi Taluk, the FIR came to be registered, wherein the victim girl alleged that when the victim was suffering from fever, sleeping in her house situated at Kunjigudde of Pillar Village, the petitioner came to her house and forcibly had the sexual intercourse with her knowing fully well that she is a minor and threatened her not to disclose the facts to others. On the basis of the said complaint, case came to be registered for the said offence against the petitioner.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner during the course of his arguments has submitted that there is a delay of nearly three months in lodging the complaint, which is not properly explained by the complainant. He also submitted that even the medical records will not support the case of the prosecution. He has further submitted that now the investigation is completed and charge sheet has been filed, hence, by imposing reasonable conditions, petitioner may be enlarged on bail.
5. Per contra, learned High Court Government Pleader, opposed the petition submitting that the victim girl is 16 years old and the medical records show that she is pregnant, hence, there is prima-facie case against the accused person. Therefore, he has submitted that petitioner is not entitled to be granted with bail.
6. I have perused the grounds urged in the bail petition, FIR, complaint and the charge sheet material, so also, the other materials placed on record. Admittedly, even according to the complainant there is a delay of three months in lodging the complaint. Looking to the complaint averments and other materials placed on record, the complainant has not stated as to why there was such long delay of three months in lodging the complaint.
7. I have also perused the medical records i.e., medico-legal examination report of sexual violence in column No.15 sub-column (vii) it is stated that the victim has told that she was pregnant because of the relationship with (sexual) with Ajay, who was her neighbour. Patient says that she has taken the souvn Tablets with an intention to commit suicide. She had giddiness. But even looking to the medical report, what was stated by the victim, the same has been mentioned by the Doctor and there is no mention by the Doctor that his examination shows that she was carrying pregnancy as alleged by the prosecution. Now the investigation is completed and charge sheet has been filed and in the final opinion also the Doctor has mentioned what the patient has told, he has not given his opinion about the same. Therefore, in view of these materials and as the petitioner has contended in the petition that he is innocent and not committed the alleged offence, he has been falsely implicated in the case, he has also undertaken to abide by any conditions to be imposed by this Court and as the alleged offences are not exclusively punishable with death or imprisonment for life, I am of the opinion that it is a fit case to exercise discretion in favour of the petitioner.
8. Accordingly, petition is allowed.
Petitioner/accused ordered to be released on bail of the offence punishable under Sections 448, 376, 506 of IPC and also under Section 4, 6 and 12 of Protection of Children from Sexual Offences Act, registered in respondent – police station Crime No.106/2016, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR