IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7443/2017 BETWEEN:
Sri Basavaraja S/o Chandrappa Aged about 21 years R/at Gurusiddapura Post and Village Jagalur Taluk Davangere-577 531. ... PETITIONER (By Sri B V Pinto, Adv.) AND:
State of Karnataka By Bilichodu Police Station Represented by the State Public Prosecutor High Court Bangalore-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.60/2017 of Bilichodu P.S., Davanagere, for the offences P/U/Ss 366, 376 of IPC and Section 6 of POCSO Act, 2012.
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 for the offences punishable under Sections 366 and 376 of IPC and also under Section 6 of the POCSO Act, registered in respondent – police station Crime No.60/2017.
2. At the first instance, case came to be registered only for the offence under Section 363 of IPC, but during the course of investigation, the other offences were also added in the case.
3. The case of the prosecution as per the complaint averments is, father of the victim girl is the complainant wherein he has stated that on 23.4.2017 when the complainant was away from the house and his wife and children were in the house, his daughter left the house at about 2.30 p.m. by saying that she will go to her uncle’s house, but has not returned till 5.00 p.m. Hence, initially, case was registered for the offence under Section 363 of IPC. On 26.4.2017 victim was traced by the police. Thereafter, her statement was recorded, on the basis of which, the alleged offence under Section 376 of IPC and also under Section 6 of the POCSO Act were added in the original case.
4. 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.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the statement of the victim girl given before the police and also before the JMFC Court under Section 164 of Cr.P.C.
6. Perusing the above statements of the victim girl it is seen that victim herself has stated that she was having love affair with the petitioner and she wanted to marry him. But the parents and other family members wanted to perform her marriage with one of her relative. Since she was not willing, she left the house and went along with the petitioner. In the statement before the police as well as before the JMFC Court, the victim girl has stated that there was a physical contact between herself and the petitioner herein.
7. In the FIR the age of the petitioner is mentioned as 17 years, but in the medical records the in column No.9 it is stated that she is in between 18 and 19 years and in the radiological examination it is stated that her age is more than 18 years and less than 21 years. Therefore, even according to the prosecution material, the age of the victim girl was above 18 years and in her statements she has stated that she herself left the house and went along with the petitioner. Therefore, the question of kidnapping the victim girl by the petitioner does not arise at all. Even as regards the alleged sexual intercourse by the petitioner, there is no mention in the said statements of the victim girl that it was forcible and without her consent.
8. The petitioner has contended in the petition that he is innocent and not committed the alleged offences and there is a false implication. He has undertaken to abide by any conditions to be imposed by this Court. The alleged offences are not exclusively punishable with death or imprisonment for life. Investigation is completed and charge sheet is also filed.
Hence, I am of that it is a fit case to exercise the discretion in faovur of the petitioner.
9. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 366 and 376 of IPC and also under Section 6 of the POCSO Act, registered in respondent – police station Crime No.60/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent 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 shall appear before the concerned Court regularly.
Sd/- JUDGE bkp