IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 3128/2019 BETWEEN:
SRI SANTHOSH KUMAR S/O SRINIVAS AGED ABOUT 20 YEARS R/O MUNESHWARA NAGAR KOLAR CITY KOLAR TALUK-563 101.
(BY SRI. RAJESH SHETTIGAR, ADV. ) AND STATE OF KARNATAKA REP BY KOLAR (WOMEN) POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.
(BY SRI.K.P.YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRL.PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2018 (S.C.NO.223/2018) OF KOLAR WOMEN P.S., KOLAR DISTRICT FOR THE OFFENCE P/U/S 363,366A,344,506,376 OF IPC AND SEC.6 OF POCSO ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP for State. Perused the records.
2. The charge sheet papers discloses that the police have registered a case against the petitioner for the offences under Section 363, 366(A), 344, 506 and 376 of IPC.
3. The allegations made against the petitioner are that the victim girl who is none other than the daughter of CW-1, Palani Rao and CW-3 Chitra Bai, residents of Bhovi colony, Karanji katte, Kolar, was abducted by the petitioner and had taken her to various places, particularly to Bangalore and also he took her to hotel and they had lunch and further on 13.9.2018 he took her to various places and near Arasikere they took a house for rent and stayed there. It is alleged that the petitioner had sexual intercourse with the said girl. On these allegations, the police have investigated the matter and submitted the charge sheet.
4. During the course of investigation, the statement of the victim girl was recorded under Section 164(5) of Cr.P.C., wherein she has categorically reiterated the above said facts. It appears that since two years the accused and the victim girl were moving together and victim girl herself had given some money on 2 or 3 occasions and it is stated that on the guise of returning the said money, he took her to various places.
5. The material available on record shows that the victim girl had crossed 17½ years and she was aged 17 years and 9 months as on the date of alleged offence and she was nearing to the age of majority. Looking to the above said circumstances, during the course of evidence, Court has to examine whether it was a consent activity between the parties or there was any forcible act on the part of the petitioner. She was almost nearing to the age of majority and during the course of evidence the prosecution has to establish beyond reasonable doubt that she was below the age of 18 years. Therefore, considering the above said circumstances and further that the accused has been in custody since nine months, it is just and necessary to release the accused on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.223/2018 on the file of II Addl. Sessions Judge, Kolar, for the offences under Sections 363, 366(A), 344, 506 and 376 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs. One lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE ln.