IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9095/2017 BETWEEN:
Sri Manjunatha S/o Narayanaswamy Aged about 24 years R/at Madderi Village Vemagal Hobli Kolar Taluk Kolar District-563 130. ... PETITIONER (By Sri Srinatha B V, Adv.) AND:
The State of Karnataka By Vemagal Police Kolar District Represented by State Public Prosecutor High Court Buildings Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.87/2016 of Vemagal P.S., Kolar District, for the offences P/U/Ss 363, 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Section 363 of IPC registered in respondent police station Crime No.87/2016. Subsequently, the offence under Section 376 of IPC and Section 4 of the POCSO Act are also added in the case.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner during the course of his arguments submitted that the prosecution material itself shows that there was a love affair between the victim and the petitioner herein. The FSL report shows that there are no recent signs of sexual intercourse on the victim girl. Looking to the entire charge sheet material, there is no prima facie case made out as against the petitioner herein. Now the investigation is completed and charge sheet is also filed. Hence, by imposing reasonable conditions, petitioner may be admitted to anticipatory bail.
4. Per contra, learned High Court Government Pleader during the course of his arguments submitted that as per the prosecution material collected during investigation there are two statements of the victim girl. One is dated 9.3.2016 and another is dated 12.3.2016. As per the prosecution material, there is a prima facie case as against the petitioner and petitioner is not entitled to be granted with bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
6. As per the records produced by the learned HCGP, the statement of the victim girl dated 9.3.2016 is signed by both the victim girl as well as the PSI of Vemagal police station. In the said statement, there is no allegation of sexual intercourse on the victim girl by the petitioner herein. But in the subsequent statement dated 12.3.2016 allegations are made stating that the petitioner taking the victim girl to different places, against her will has committed forcible sexual intercourse on her. The FSL report shows that there are no recent signs of sexual intercourse. However, the possibility of past act of sexual intercourse cannot be ruled out. Further, in the statement of the victim girl recorded at the first instance on 9.3.2016 absolutely there are no allegations to attract the alleged offence under section 376 of IPC or under the provisions of POCSO Act. The contention of the petitioner herein is that he is innocent and not committed the alleged offences and he has undertaken to abide by any reasonable conditions to be imposed by this Court. Investigation is completed and charge sheet is filed. Hence, it is a fit case to exercise the discretion in favour of the petitioner.
7. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 363, 376 of IPC and Section 4 of the POCSO Act registered in respondent police station Crime No.87/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp