IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7376/2018 BETWEEN:
Sri. Manjunatha. C.V. @ Malle S/o Venkataramanappa, Aged about 31 years, R/at No.211, Opp. Sri. Lakshmi Narasimha Rice Traders, Near Ganesha Temple, Chikkallasandra, Bengaluru – 560 061.
(By Sri. M. Sharas Chandra, Advocate for Sri. Chandranna N., Advocate) ...Petitioner AND:
State by Subramanyapura PS, R/by Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Sri.M.Divakar Maddur, HCGP) ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.177/2018 (Spl.C.C. No.497/2018) of Subramanyapura P.S., Bengaluru for the offence p/u/s 366 and 376 of IPC and Sections 4(L) and 6 of POCSO Act.
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.P.C., seeking his release on bail in Crime No.177/2018 (Spl.C.C. No.497/2018) of Subramanyapura Police Station for the offences punishable under Sections 366 and 376 of IPC and also Sections 4(L) and 6 of POCSO Act.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the victim and accused were residing in the same locality. As and when the victim used to come for fetching water, she became close to the accused and they have started close moments. The accused used to talk nicely with the complainant/victim and he promised that he will marry her. By misusing the said closeness, one day he took her to Kumaraswamy layout on his scooter to an under construction house and there, he sexually assaulted her. Similarly, by saying he is going to marry, he took her to the said under construction house and sexually assaulted her 4 to 5 times. On 03.05.2018, the complainant had gone to the village fair at that time, she started vomiting. When the complainant’s aunt asked her, the complainant narrated the said things and thereafter, she had been to a medical check-up and a complaint was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused and the victim were residing in the same locality and they have become close thereafter with consent, they had a sex with each other. It is further submitted that the alleged incident has taken place on 02.03.2018 and the complaint was filed on 09.05.2018. There is inordinate delay in filing the complaint. Further it is submitted that the complaint also discloses the fact that the petitioner/accused has promised her to marry. Because of the said promise, 4 to 5 times they had a sex in same area. It is further submitted that the victim was also conscious and aware of the consequences and it will not be amounting to a rape as contemplated under the law. He is ready to abide the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has falsely promised the victim, who is a minor and took her to an under construction building there, he has sexually assaulted her. Even the statement which has been recorded under Section 164 of Cr.P.C., by the learned Magistrate therein, she has specifically stated about the sexual assault committed by the petitioner/accused. The petitioner/accused is involved in a serious offence and if he is released on bail, he may tamper with the prosecution evidence and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint, it clearly go to show that the petitioner/accused and the victim were in close contact and were loving each other. Thereafter, the petitioner/accused took her to Kumaraswamy layout and there, he has sexually assaulted and dropped her back. Again, 4 to 5 times, he took her and sexually assaulted in the same building. That itself clearly go to show that the petitioner/accused and the victim were having a consensual sex and it was not a forcible one. Under the said facts and circumstances, I feel that already the charge sheet has been filed. The only apprehension is that the accused must face the trial. If stringent conditions are imposed and petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed.
Petitioner/accused is ordered to be released on bail in Crime No.177/2018 (Spl.C.C. No.497/2018) of Subramanyapura Police Station for the offences punishable under Sections 366 and 376 of IPC and also Sections 4(L) and 6 of POCSO Act subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month i.e., 1st of every month before the jurisdictional police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
Sd/- JUDGE VBS