IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 2888/2019 BETWEEN SRI. ARUNA S/O SRI. MALLIKAPPA @ MALKAPPA AGED ABOUT 22 YEARS OCC: DRIVER R/AT THORAVANDA VILLAGE SORABA TALUK SHIVAMOGGA DISTRICT – 577 429 ... PETITIONER (BY SRI. GANAPATI BHAT VAJRALLI, ADVOCATE) AND THE STATE OF KARNATAKA ANAVATTI POLICE STATION ANAVATTI, SORABA CIRCLE SORABA TALUK SHIVAMOGGA DISTRICT – 577 429 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.279/2018 REGISTERED BY ANAVATTI POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 366(A), 376(2)(N) AND 344 OF IPC AND SECTION 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent–State. Perused the records.
2. The allegations made against the petitioner (A1) in brief are that, knowing fully well that the victim girl by name K. Anusha is minor, on 03.12.2018 he enticed her with an assurance that, he would marry her and he had sexual intercourse with her against her Will and consent. Thereafter, the petitioner (A1) was wandering with the victim girl and took her to his room and again from 04.12.2018 to 14.12.2018, he had sexual intercourse with her and thereafter, he left her in the village.
3. On the basis of the said allegations, a complaint came to be lodged and after investigation, the respondent-Anavatti Police have laid the charge sheet against the petitioner (A1) for the offence punishable under Sections 344, 366(A), 376(2)(n) of IPC, 1860 and Section 6 of POCSO Act, 2012.
4. During the course of investigation, the victim – K. Anusha was examined under Section 164(5) Cr.PC., wherein she has categorically stated that, she is aged more than 17 years as on the date of the alleged offence; She fell in love with the petitioner (A1) and since two years prior to lodgment of the complaint they were loving each other; Every day, the petitioner (A1) used to drop her to college and thereafter they used to go together to film theatre, hotel and other places. In this background it is alleged that, in the month of November, 2018 they met together and on 3rd December, 2018, the petitioner (A1) called her to go along with him in a car, which he brought and they went together and thereafter, they went to Bengaluru to house of the owner of the car and after leaving the said car there itself, the petitioner (A1) took her to his room and they stayed there for some days and it is stated that, the petitioner (A1) had sexual intercourse with her. On noticing the missing of the victim girl, her brother, on enquiring with the owner of the car, came to know about the accused and the victim being together. When the petitioner (A1) told her to go back to the village and when she was coming to the village, the people of the village noticed her and informed the same to the police. The police after securing her, took her to the Anavatti Police station, recorded her statement and thereafter registered a case against the petitioner (A1) in Crime No. 279/2018 for the aforesaid offences.
5. It is alleged that, as on the date of the incident, the victim girl was aged about 17 years 10 months. But, during the course of the trial, it is to be established whether the victim was a minor or she has crossed 18 years of age. Therefore, since it is stated that the victim girl was at the verge of 18 years, by giving that benefit and also considering the close intimacy between the accused and the victim, in my opinion, the petitioner (A1) is entitled to be enlarged on bail with certain conditions. Hence, the following ORDER The Petition is allowed. Consequently, the petitioner (A1)-Aruna shall be released on bail in connection with Crime No.279/2018 of Anavatti Police Station registered against him for the aforesaid offences, now pending before the Court of Addl. Civil Judge (Sr.Dn.) and CJM Soraba, Shivamogga District subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE