IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8216 OF 2018 BETWEEN:
SRI AKHILESH @ AKKU S/O PAPAIAH AGED 21 YEARS NO.32, GROUND FLOOR 2ND MAIN ROAD, NEAR PANCHAMUKHI GANESHA TEMPLE ETTMADU, MANJUNATHA NAGAR BSK 2ND STAGE, BANGALORE-85 (NOW IN JUDICIAL CUSTODY) ... PETITIONER (BY SRI GOPALA KRISHNAMURTHY C, ADV. FOR SRI SUDHARSHAN A.M., ADV.) AND:
STATE OF KARNATAKA BY HANUMANTHA NAGAR POLICE HANUMANTHA NAGAR BANGALORE CITY - 10 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-01.
... RESPONDENT (BY SRI K.P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.218/2018 REGISTERED BY HANUMANTHA NAGAR POLICE STATION, BENGALURU AND IN SPL.C.C.NO.668/2018 PENDING ON THE FILE OF LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-54), BENGALURU FOR THE OFFENCE P/U/S 363 AND 376 OF IPC AND SECTION 4 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Hanumantha Nagar Police have charge sheeted the petitioner in Crime No.218/2018 of their police station for the offences punishable under Section 363 and 376 of IPC and Section 4 of POCSO Act.
2. It is alleged that on 14.07.2018 at 6.30 p.m. the petitioner kidnapped victim girl – CW.2 aged 15 years from the lawful custody of her parents and took her around in Bengaluru and at 1.30 a.m. on 15.07.2018, he committed aggravated penetrative sexual assault on her in JBJ Compound premises.
3. Learned counsel for the petitioner submits that the act alleged is consensual one and the petitioner is the only son of his parents. He further submits that the petitioner is ready to abide by any of the conditions imposed, if bail is granted.
4. Learned HCGP submits that there is prima facie material against the petitioner in proof of the allegations and therefore, petitioner is not entitled for bail.
5. As per the charge-sheet records, the victim girl was aged 15 years at the time of the offence. In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim girl has implicated the petitioner of the offence alleged against him. Further the medical examination report is incriminating against the petitioner.
6. Since the victim girl was aged hardly 15 years, under law she is incapable to give consent. Therefore, her alleged consent is irrelevant. Having regard to the material on record and the nature of the offence, it is not a fit case to grant bail. Therefore, petition is dismissed.
Sd/- JUDGE NG* CT:bms