IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2114/2019 BETWEEN:
Sri Ajith Kumar S/o Sri Shashikumar Aged about 23 years R/o Huskuru Village Kasaba Hobli Doddaballapura Taluk Bengaluru Rural District-561 203. ... Petitioner (By Sri. Nandish Gowda G.B, Advocate) AND:
State of Karnataka By Doddaballapura Rural Police Rep. by learned Public Prosecutor High Court Building Bengaluru-560001. ... Respondent (By Sri. K.P.Yoganna, 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.432/2018 (SPL.C.C.NO.63/2019) registered by Doddaballapura Rural Police Station, Bengaluru District for the offences punishable under Sections 366(A) and 376 of IPC and Section 4 of POCSO Act.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER The petitioner-accused has filed this petition seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.432/2018 for the offences punishable under Sections 366(A) and 376 of IPC and Section 4 of POCSO Act.
2. The case of the prosecution is that the petitioner and the victim girl are relatives, insofar as the victim is stated to be the niece of the petitioner. It is stated that the complaint was filed by the father of the victim on 10.12.2018 stating that the victim girl had come to her native place for vacation and though she stated, that she was going to her uncles place, the complainant was informed that his daughter had gone along with one Ajith Kumar i.e., the petitioner in a car. Accordingly, a complaint came to be lodged for the offence punishable under Sections 366(A) and 376 of IPC and Section 4 of POCSO Act. On the basis of the complaint FIR was registered, investigation is stated to be now complete and charge sheet has been filed. It is stated that the charge sheet is filed for the offence punishable under Sections 366(A) and 376 of IPC and Section 4 of POCSO Act.
3. Learned counsel for the petitioner states that there was a voluntary relationship between the petitioner and the victim girl. It is further submitted that the age of the victim as on the date of incident is stated to be 17 years and 11 months and that a false complaint has been made by the parents.
4. Attention is drawn to the statement of the victim girl recorded under Section 164 wherein the victim has stated that she has gone along with the petitioner in order to get married on her own volition. Without expressing any opinion as to the evidence on record and to weight of such evidence, taking note of the statement of the victim it prima facie appears the victim had gone on her own volition, which would no doubt be a mitigating circumstance. Noticing that the investigation is complete and charge sheet has been filed, the statement of the victim under Section 164 of Cr.P.C. has been recorded and that the victim girl states that she has gone voluntarily with the petitioner in order to get married, a case is made out to enlarge the petitioner on bail. It is noticed that the petitioner is in custody since 13.12.2018.
5. In the result, the petition is allowed. It is noticed that the Sessions Court had rejected the application of the petitioner while observing that there are chances of tampering with the prosecution witnesses. It is noted that as on the date of order of the Sessions Court, the charge sheet was filed, however the Sessions Court has not taken note of the said aspect. Be that as it may, in the light of the observations made above, petition is allowed. Petitioner is enlarged on bail with respect to the proceedings in Crime No.432/2018 for the offence punishable under Sections 366(A) and 376 of IPC and Section 4 of POCSO Act, subject to the following conditions :-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NG*