IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.8642/2018 BETWEEN :
Sri Rajesh @ Oudesh S/o Angada Aged about 42 years R/at Mekke Anagodu Trasi Village, Kundapur Taluk Udupi District-576 235.
(By Sri Prashanth P.N., Advocate) AND :
State by Circle Inspector of Police Byndoor Circle, Gangolli, Represented by State Public Prosecutor High Court of Karnataka Ambedkar Veedhi Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.18/2018 (Special Case No.26/2018) of Gangolli Police Station, Udupi for the offences punishable under Sections 376 and 506 of IPC and Sections 6 and 8 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 is filed by the accused under Section 439 of Cr.P.C. praying to release him on bail in Special Case No.26/2018 (Crime No.18/2018 of Gangolli Police Station) for the offences punishable under Sections 376, 506 of IPC and Sections 6 and 8 of POCSO Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The genesis of the complaint is that the victim was residing along with her mother, brothers and stepfather. She has studied up to 8th Standard. It is further alleged that after accused got married with her mother, he started sexually harassing the complainant. On 8.10.2017 at about 11.30 p.m., accused committed aggravated sexual assault on her and as such she filed the complaint. On the basis of the complaint, a case has been registered against the accused.
4. It is submitted by the learned counsel for the petitioner that there is a delay of three months in lodging the complaint. Even as on the date of the alleged incident the victim girl was short of two days to attend majority of 18 years. He submitted that there is no force used by the accused and as such the provisions of Section 6 of POCSO Act are not applicable. He further submitted that already the charge sheet has been filed and the accused-petitioner herein is neither required for any investigation nor any interrogation. The petitioner is in custody since more than one year. Learned counsel for the petitioner by referring to the medical records submitted that other organs of the victim are normal and the said medical reports clearly go to show that there is no sexual assault committed on the victim girl. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that as on the date of the alleged incident, the victim was 14 years and even the history given by the victim before the Medical Officer clearly goes to show that she has been repeatedly sexually assaulted by her stepfather in consonance with her mother. She further submitted that once the victim has been aborted which itself clearly goes to show that she has been sexually assaulted by the petitioner-accused. She further submitted that the victim has been kept under threat and she has been sexually assaulted by the petitioner. If the petitioner is enlarged on bail he may threaten the victim who is residing with her mother and there is every likelihood of repeating the said offence by the accused. She further submitted that the statement of the accused also clearly goes to show that the accused has committed the alleged offence. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and I have also perused the records.
7. Though the learned counsel for the petitioner submitted that there is a delay in lodging the complaint, it is well settled principle of law that in case of sexual assault, if there is any delay in lodging the complaint, it is not fatal to the case of the prosecution. But on perusal of other records including the statement of the victim girl recorded under Section 164 of Cr.P.C. it clearly goes to show that accused being stepfather of the victim has consistently sexually assaulted her and even the medical records go to show that in the month of November, 2017, she has been aborted. Medical records also show that victim’s mother used to send her to her stepfather in the same room for sexual intercourse. Medical records also go to show that there is sexual assault on the victim by the accused. Under the said facts and circumstances, if the accused is enlarged on bail and if the victim is asked to stay with her mother, there is every likelihood of accused repeating such act and he may tamper with the prosecution witnesses. There is a prima facie material as against the accused. Under such circumstances, the petitioner has not made out any case to release him on bail.
Accordingly, the petition stands dismissed.
However, the trial Court is directed to expedite the trial.
Sd/- JUDGE *ck/-