IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 8067/2018 C/W CRIMINAL PETITION NO.6802/2018 IN CRL.P.NO.8067/2018 BETWEEN:
Sri.Naveen Suvarna, S/o. Late. Vasanth Poojary, Aged about 38 years, R/at Sri Durga Nilaya, Near Vaidyanath Nagar, Pachanady Village, Mangaluru-575 001.
Presently residing at:
Rented house of Smt.Shailaja Shetty, Santhosh Nagar, Panchanady village, Mangaluru-575 001. ...Petitioner (By Sri.B.J.Krishna, Advocate - Absent) AND:
State of Karnataka, By Mangaluru Rural Police Station, Mangaluru-575 001.
Represented by SPP, High Court of Karnataka, High Court Buildings, Bengaluru – 560001. ... Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.103/2018 (Special C.C.No.134/2018) of Mangaluru Rural Police station, Mangaluru City for the offence punishable under Section 376 read with Sections 34 of IPC and Sections 4, 5, 6, 12, 17 of POCSO Act.
IN CRL.P.NO.6802/2018 BETWEEN:
Punith Kumar S/o.Manja Naik, Aged about 22 years, R/at Machi Halli, Thanda Arapanahalli Taluk, Davanagere District-583 131. …Petitioner (By Sri.Karunakar, Advocate - Absent) AND:
The State by Mangaluru Rural Police Station, Represented by the Learned Public Prosecutor High Court of Karnataka, Bengaluru-560 001. …Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.103/2018 of Mangaluru Rural Police station, Mangaluru city for the offences punishable under Section 376 read with Section 34 of IPC and Sections 5, 6 and 17 of POCSO Act, 2012.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R Criminal Petition No.8067/2018 has been filed by the petitioner/accused No.2 and Criminal Petition No.6802/2018 has been filed by petitioner/accused No.4 under Section 439 of Cr.P.C., seeking to release them on regular bail in Crime No.103/2018 of Mangaluru Rural Police Station, Mangaluru City registered for the offences punishable under Section 376 read with 34 of IPC and Sections 5, 6 and 17 of POCSO Act, 2012.
2. I have heard the learned High Court Government Pleader for respondent-State. Learned counsel for the petitioners has remained absent.
3. The brief facts of the case of the prosecution is that accused No.1 came in contact with the victim girl and because of the intimacy on 14.08.2017, accused No.1 invited the victim girl to his house and he had sexual intercourse with a minor victim girl. After a couple of days again accused No.1 called her and had sexual act. This fact came to the knowledge of accused No.2 and he started messaging and calling the victim girl over phone and threatened the victim girl that if she is not going to co-operate for sexual intercourse then same is going to be published and during the month of September to November 2017, accused No.2 had forceful sexual intercourse with the victim girl several times. It is further stated that the accused Nos.1 and 2 used to have sexual intercourse with the victim girl with aid and assistance of accused No.3 and a criminal case was also registered in this behalf. It is further alleged that accused No.4 who was a student of the Engineering college, after coming to know the said fact he committed rape on the victim girl by taking her to his room and on basis of complaint a case has been registered.
4. It is stated in the petitions that the accused/petitioners are innocent and they are not connected to the offence and a false case has been registered against them. It is further stated that already investigation has been completed and charge sheet has been filed. Accused/petitioners have been taken for judicial custody. He further submits that accused/petitioners are students and if they are languished in jail, it is going to harm on their carrier. It is further stated that since 5 months they are in judicial custody and they are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, it is prayed to allow the petition and to release the accused/petitioners on bail.
5. Per Contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.2 and 4 have sexually assaulted a minor victim girl several times and as a result of the same she has become pregnant and she has also delivered a mal baby on 23.06.2018. He further submits that all the material clearly goes to show that the accused/petitioners have sexually assaulted the victim girl. He further submits that there are ample materials as against the accused/petitioners for having involved in the said act. There are no good grounds to release the accused/petitioners. On these grounds, he prayed to dismiss the petitions.
6. I have carefully and cautiously gone through the submissions made by the learned HCGP and perused the records.
7. On close reading of the records, it clearly goes to show that it is the accused Nos.1, 2 and 4 who have sexually assaulted the victim girl and as a result of the same she has become pregnant and delivered a male baby on 23.06.2018. Whether the accused/petitioners are involved in serious offence is going to be tested only after the DNA test has been conducted. Till then it cannot be said which of the accused/petitioners had committed the rape or not.
8. Under the said facts and circumstances, I feel that there are ample materials to connect the accused/petitioners and the statement recorded under Section 164 of Cr.P.C. of the victim girl clearly goes to show that it is the accused Nos.1, 2 and 4 have sexually assaulted her and the said facts corroborates with the medical records.
In the light of the discussions held by me above, I feel that there are no good grounds to allow the petitions and petitions stand dismissed.
Sd/- JUDGE NS