IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7389 OF 2018 BETWEEN:
Sri. Rajesh, S/o Krishnappa, Aged about 23 years, Resident of Mudigere Village, Mulbagal Taluk – 563 131.
(By Sri. Anand R.V., Advocate) AND State of Karnataka, By Nangali Police, Nangali, Mulbagal Taluk – 563 131, Kolar District, Reptd. by State Public Prosecutor, High Court Building, 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.48/2018 of Nangli Police Station, Kolar and in S.C. No.73/2018 pending on the file of II Additional Sessions Judge, Kolar for the offence punishable under Sections 363, 114 and 376 read with Section 34 of IPC and Section 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the court made the following:
ORDER Petitioner is accused No.1 in Crime No.48/2018 of Nangli Police Station, which is now pending in S.C. No.73/2018 on the file of II Additional Sessions Judge at Kolar. Petitioner and his parents are facing trial in the said case for the offences punishable under Sections 363, 376, 114 read with Section 34 of IPC and Section 6 of POCSO Act.
2. It is alleged that on 29.01.2018 at 8.30 p.m., petitioner kidnapped minor girl ‘X’ (for the purpose of confidentiality, the victim is referred henceforth as ‘X’) from the lawful custody of her parents. Then he took her to Bengaluru and lodged her there till 11.02.2018. It is alleged that during his stay with victim girl in Bengaluru, the petitioner committed aggravated penetrative sexual assault on her. The allegations against the parents of the petitioner are that, they forced the victim girl to marry the petitioner.
3. In her statement under Section 164 of Cr.P.C before the Magistrate, the victim girl does not speak about any allegation of sexual assault on her by the petitioner. Further, the medical examination report of the victim also does not indicate about any penetrative sexual assault on the victim girl.
4. Learned counsel for petitioner produces the copy of deposition of PW-1/the victim girl in S.C. No.73/2018. In that also, she has not made any allegation of sexual assault. Petitioner is in judicial custody since 12.02.2018. Petitioner is hardly 23 years old.
5. Having regard to the materials on record, petitioner is entitled to bail. Therefore the petition is allowed. Petitioner is granted bail in Crime No.48/2018 of Nangli Police Station, which is now pending in S.C.No.73/2018 on the file of the II Additional Sessions Judge, Kolar, subject to the following conditions:
1) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE Mds/-