IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8077 OF 2019 BETWEEN:
SRI. MAHESHA S/O LATE NINGEGOWDA AGED ABOUT 25 YEARS R/AT. CHIGALLI VILLAGE SHANTHIGRAMA HOBLI HASSAN TALUK, HASSAN DIST-34. (BY SRI. PRATHEEP K.C. ADV.) AND:
THE STATE OF KARNATAKA … PETITIONER REP. BY HASSAN WOMEN POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01.
… RESPONDENT (BY SRI. ROHITH B.J. HCGP) - - -
This Criminal Petition is filed under Section 439 of Cr.P.C., praying to praying to enlarge the petitioner on bail in Cr.No.28/2009 (Spl.Case No.186/2019) of Hassan Women P.S. Hassan for the offence P/U/S 363, 376(2), 34 of IPC and Section 6, 17 of POSCO Act.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent – State and perused the records.
2. The petitioner is the sole accused against whom a crime has been registered in Crime No.28/2019 for the offence under Section 363 of IPC initially and later the police have filed a charge sheet for the offence under Sections 363 and 376(2) read with 34 of IPC and also under Sections 6 and 17 of POCSO Act, 2012. After the charge sheet is filed, a special case is registered in Spl.Case No.186/2019 pending on the file of the Addl. District and Sessions and Special Judge at Hassan.
3. Brief factual matrix of the case as could be seen from the entire charge sheet papers and also the statement of the victim girl under Section 164(5) of Cr.P.C. is that the petitioner and the victim girl who was aged 17 years, fell in love with each other and on 25.04.2019, she went along with the petitioner. He took her to his sister’s house and there they had physical contact with each other. Thereafter, on 29.04.2019, it came to the knowledge of her mother and in fact her mother scolded her. On 30.04.2019 she had been to hospital. The petitioner was also present and the petitioner told the mother of the victim girl that his family members are ready to perform the marriage of the petitioner and the victim girl and thereafter, they went to Hassan and also went to Mysore and Bengaluru and other places. They stayed in the house of one Gowramma, maternal aunt of the petitioner. However, on 11.04.2019, the police traced them and arrested the petitioner. The above said statement of the victim clearly indicates that she has already crossed 17 years and during the course of trial, it is to be established that she was below the age of 18 years and the incident happened without her consent.
4. Under the above said facts and circumstances, considering the nature of allegations and the facts of the case and partly considering the age of the victim girl who was in the verge of attaining the age of majority, I am of the opinion that the petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Spl.C.No.186/2019(Crime No.28/2019) pending on the file of Addl. District and Sessions and Special Judge at Hassan, registered for the offence punishable under Sections 363 and 376(2) read with 34 of IPC and Sections 6 and 17 of POCSO Act, 2012, 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 indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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 of the Court till the case registered against him is disposed of.
Sd/- JUDGE RV