IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5090 of 2019 BETWEEN:
SRI THEJU S/O SHIVAKUMAR, AGED ABOUT 20 YEARS, R/AT A.D.COLONY, NAGASAMUDRA ROAD, CHANNARAYAPATNA TOWN, HASSAN DISTRICT-34 (BY SRI PRATHEEP K.C., ADVOCATE) AND:
THE STATE OF KARNATAKA REP BY CHANNARAYAPATNA TOWN POLICE STATION HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 (BY SRI K.P. YOGANNA, 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.71 of 2019 OF CHANNRAYAPATNA TOWN POLICE STATION, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 OF IPC AND SECTION 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER Heard learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent-State. Perused the records.
2. The charge sheet papers reveal that the victim girl was aged 17 years 7 months as on the date of the alleged offence. The petitioner and the victim girl were in love with each other since one year prior to lodging of the complaint. They have met together at various circumstances and in fact, they took a rented house and resided together. In this context, it is stated that the petitioner had assured the victim that he would marry her and had sexual intercourse with her. As a consequence, the victim became pregnant and it appears that now she has delivered a child.
3. Looking to the facts and circumstances, during the course of evidence, the prosecution has to prove that the victim is aged 18 years and there was no consent of the victim to have sexual intercourse with the petitioner.
4. Apart from the above, learned counsel for the petitioner has filed a voluntary affidavit of the petitioner’s mother, in Court today, stating that after discussion in their family and consultation with the petitioner, they have come to the conclusion that the marriage of the petitioner and the victim has to take place and they have undertaken that they would perform the marriage of the victim and the petitioner immediately after the release of the petitioner.
5. Recording the aforesaid undertaking in the voluntary affidavit filed before the Court by the mother of the petitioner, I feel it is just and necessary to release the petitioner considering the age of the victim girl and also their previous relationship with each other.
6. In the above circumstances, the petition deserves to be allowed. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with Crime No.71/2019 of Channarayapatna Town Police Station, Hassan, registered against him for the offence punishable under Section 376 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Laksh 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.
(v) If any one of the aforesaid conditions is violated and if the petitioner and his mother fails to abide by the undertaking given in the voluntary affidavit filed before the Court, today, the respondent-State is at liberty to file appropriate application for cancellation of the bail.
Sd/- JUDGE mv