IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1492/2019 BETWEEN:
Sri.Nandeesh, Aged about 26 years, S/o.Venkataswamappa, Vemgal Village and Hobli, Kolar Taluk-563 101. ... Petitioner (By Sri.Ramakrishna Hegde, Advocate) AND:
State of Karnataka, Rep. by Sub-Inspector of Police, Vemgal Police Station, Rep. by the State Public Prosecutor, Hon’ble High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Code of Criminal Procedure praying to enlarge the petitioner on bail in Cr.No.282/2018 (S.C.No.20/2019) of Vemagal Police Station, Kolar District for the offences punishable under Sections 363, 376(2)(n), 342 of IPC and Section 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.282/2018 for the offences punishable under Sections 363, 376(2)(n), 342 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006.
2. The case of the prosecution is that the mother of the victim had filed a complaint on 21.11.2018 stating that on 08.11.2018 at about 7.30 p.m., in the evening, her daughter, who is stated to be the victim was taken away by the petitioner and Bhaskar. Accordingly, a complaint was filed, FIR was registered, investigation is complete and the charge sheet has been filed.
3. Learned counsel for the petitioner states that the case as made out is false and that there was some hostility between the mother of the victim and the victim as a result of which, a false complaint has been lodged by the mother of the victim. It is further stated that the statement recorded under Section 164 of Cr.P.C., would indicate prima facie that there was a consensual relationship between the petitioner and the victim.
4. The question as to proof of the offence is a matter for trial. Admittedly, if the version of the victim as per the statement recorded under Section 164 of Cr.P.C. is taken note of, the victim had desired to marry the petitioner and there was also hostility between the victim and her mother. It would not be appropriate to opine as regards to the weight of evidence in light of the statement recorded under Section 164 of Cr.P.C. However, taking note of the facts and the version of the complainant as made out in the complaint and statement recorded under Section 164 of Cr.P.C. for the purpose of the present proceedings, it is to be noticed that there is a consensual relationship between the petitioner and the victim, which would be mitigating factor. Investigation is complete and the charge sheet has been filed. Statement under Section 164 of Cr.P.C., of the victim prima facie does not support the case of the prosecution. Accordingly, taking note of the fact that the petitioner is in custody since 21.11.2018, the petitioner is entitled to be enlarged on bail.
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 Crime No.282/2018 for the offences punishable under Sections 363, 376(2)(n), 342 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, 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.
SJK Sd/- JUDGE