IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 8017 OF 2018 BETWEEN:
Sri. Manju @ JCB Manju @ Chandrashekar, S/o. Balappa Balachandra, Aged about 24 years, R/at Basavanayakanahalli Village, Halekote Hobli, H.N. Pura Taluk, Hassan District-34. ...Petitioner (By Sri.Pratheep K.C., Advocate) AND:
The State of Karnataka, Represented by CPI Hassan Rural Circle, Hassan District, Represented by its State Public Prosecutor, High Court of Karnataka, Bangalore - 560 001. ...Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in CR.No.48/2018 (Spl.C.No.668/2018) of Hassan Women P.S., Hassan District for the offence punishable under Sections 366, 376, 506 of IPC and Sections 4, 6 of POCSO Act and etc.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused under Section 439 of Cr.PC to release him on bail in Crime No.48/2018 (Spl.C.No.668/2018) of Hassan Women P.S., Hassan District for the offences punishable under Sections 366, 376, 506 of IPC and Sections 4 and 6 of POCSO Act.
2. Notice to complainant has been served but she remained absent. I have heard learned counsel for the petitioner-accused and learned HCGP for the respondent-State.
3. The genus of the complaint is that the daughter of the complainant was studying in IX standard and the complainant noticed that her daughter is not getting monthly menstrual and she made an enquiry with her daughter and took her to hospital, there the Doctor examined and confirmed that her daughter is pregnant. When she was counseled, she revealed that when she was in home in the month of April 2017, JCB vehicles had come to lift the sand, at that time, one Manju was acquainted with her and that acquaintance turned into love. As the accused wanted to marry her, they had sexual intercourse. As such, she became pregnant. On the basis of the complaint, a case has been registered.
4. It is the submission of learned counsel for the petitioner accused that there was love affair between the accused and the victim and they wanted to marry. The alleged sexual act has committed in the month of April 2017 and the complaint came to be registered on 20.07.2018. There is an inordinate delay in filing the complaint. It is only because that the parents came to know about the pregnancy of the victim, the complaint has been filed. The petitioner is ready to marry her. Since 20.07.2018, he is in judicial custody. He further submitted that he is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties. On these grounds, he prays to allow the petition and to release the accused petitioner on bail.
5. Per contra learned HCGP vehemently argued and submitted that the petitioner was minor at the time when she has been sexually assaulted. Then, under such circumstances, there will be no consent and the accused petitioner promising to marry, had sexual intercourse with the victim girl. He further submitted that the accused by misusing the innocence of the victim, has repeatedly sexually assaulted and as a result of the same, she became pregnant. There is prima facie material to show that the accused petitioner has committed the alleged offence. The accused petitioner has not made out any good ground to release him on bail. Therefore, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for the parties and perused the records including the complaint.
7. On close reading of the charge sheet, it reveals that the alleged incident is said to have been taken place when the victim was minor. When the victim is minor, then, there is no question of she giving consent to the alleged sexual act of the accused. There is clear cut material to show that the accused petitioner has sexually assaulted the victim and thereby she became pregnant. The submission that the accused petitioner is ready to marry the victim is an aspect, which has to be considered at the time of trial. Under the said facts and circumstances, I feel that the petitioner has not made out any good ground to grant him bail at this juncture. However, liberty is given to the accused petitioner to move the Court after examination of the victim and the complainant before the Court below.
In the light of the discussions held above, the petition stands dismissed.
Sd/- JUDGE PN/-