IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MAY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.294 OF 2019 BETWEEN:
Sri.Govardan S/o. late Subramani, Aged about 26 years, R/at No.Karahalli Village, Bangarpete Taluk, K.G.F-56311 (By Sri.N.Hari Prasad, Advocate) AND:
State by Bangarpete Police, Rep. by SPP, High Court of Karnataka, Bengaluru – 560 001 …Petitioner ..Respondent (By Sri.Divakar Maddur.M, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.07/2018 registered by Bangarpete Police Station, K.G.F. for the offence P/U/S 376,323 and 506 read with 34 of IPC.
This Criminal petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner and two others are facing trial in S.C.No.94/2018 on the file of the II Additional Sessions Judge at Kolar, for the offences punishable under Sections 376, 323, 506 read with Section 34 of IPC.
2. It is alleged that the petitioner sexually abused the complainant/victim in the guise of marrying her and when she became pregnant, he got aborted her pregnancy and later they married on 04.01.2018 in the presence of elders. It was further alleged that thereafter accused Nos.2 and 3 tried to separate CW1 from accused No.1 and accused No.1 also took their side.
3. Initially, the III Additional District and Sessions Judge, Kolar (Sitting at K.G.F.) granted anticipatory bail to the accused in Crl.Misc.No.31/2018. After committal of the case, the Sessions Court issued summons and petitioner did not turn up. Therefore, his presence was secured in execution of non-bailable warrant. The Sessions Court rejected the petitioner’s bail application on the ground that this case attracts the provisions of POCSO Act also.
4. Learned counsel for the petitioner submits that as per the complaint and charge sheet records, the victim was 19 years old at the time of the incident and therefore, the Sessions Court was not justified in rejecting the bail application invoking POCSO Act.
5. Learned High Court Government Pleader submits that as per the school records, the date of the birth of the victim girl was 18.08.1999 and as per the victim’s statement the petitioner committed offence after February, 2017.
6. There was no age proof and charge sheet did not contain any birth certificate or age determination certificate of the victim. Under these circumstances, it is a fit case to grant bail with suitable conditions.
7. The petition is allowed. Petitioner is granted bail in crime No.07/2018 of Bangarpete Police Station, K.G.F., which is now pending in S.C.No.94/2018 on the file of II Additional Sessions Judge, Kolar, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the trial Court for his appearance;
2) He shall appear before the Court regularly;
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE KPS