IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2782/2019 BETWEEN:
Sri Manjunath, S/o Nagarajappa, Aged about 31 years, R/o Madanahalli Village, Sugatur Hobli, Kolar Taluk – 563 101. ... Petitioner (By Sri. Veeranna G. Tigadi, Advocate) AND:
State of Karnataka, Rep. by Kolar Rural Police Station, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.519/2018 of Kolar Rural Police Station, Kolar, for the offences p/u/s 363, 376 of IPC and Sections 6, 10 of POCSO Act and Section 3(2) (v) of SC/St (POA) Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Notice that had been dispatched is stated to have been served on the grand father of the victim. The said matter is taken note of.
The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Spl.S.C.No.2/2019 with respect to offences punishable under Sections 363, 376 of IPC and Section 6 and 10 of POCSO Act and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989.
2. The case of the prosecution is that on 01.12.2018, the father of the victim had lodged a complaint. It is stated that the daughter of the complainant used to go for coolie work. That on 28.11.2018, she left home at about 8.00 p.m., stating that she had to collect the wages from Krishnareddy, as she did not return even after 10.00 p.m., and after enquiry as they could not trace the victim, a complaint was lodged. FIR pursuant to such complaint was registered and after investigation, charge sheet has been filed.
3. The learned counsel for petitioner states that there was a consensual relationship between the petitioner and the victim and states that proof of offence is matter for trial, as investigation is complete, petitioner is entitled to be enlarged on bail. The petitioner relies on the statement of the victim recorded under Section164 of Cr.P.C., according to which the victim has made a categorical assertion that she and petitioner had consensual relationship.
4. The learned HCGP however submits that consent would be irrelevant in the light of the age of the victim.
5. Taking note of the fact that investigation is complete and charge sheet is filed and also noticing the version of the victim as made out in the statement recorded under Section 164 of Cr.P.C., that the petitioner is in custody since 02.12.2018, prima-facie, consensual relationship between the petitioner and the victim is made out. Without recording a conclusive finding as regards the impact of the statement of the victim recorded under Section 164 of Cr.P.C. on the trial, the said statement can be taken note of for the present proceedings. Proof of offence is a matter for trial. In light of the above observations, the petitioner is entitled to be enlarged on bail subject to conditions.
6. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Spl.S.C.No.2/2019 with respect to offences punishable under Sections 363, 376 of IPC and Section 6 and 10 of POCSO Act and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989 subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Np/-
Sd/- JUDGE