IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6186/2017 BETWEEN:
SRI VENUKMAR K @ VENU AGED ABOUT 25 YEARS S/O SRI KRISHNAPPA R/AT ALAPPANA HALLI 2ND CROSS, VIVEKANANDA NAGAR HOSKOTE TOWN PERMANENTLY R/AT C/O VENKATESH, 1ST MAIN 2ND CROSS, VIVEKANANDA NAGAR HOSKOTE TOWN BANGALORE DISTRICT-562 114. ... PETITIONER (BY SRI VENKATESH, ADV.) AND:
STATE OF KARNATAKA HOSAKOTE POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.19/2017 OF KARKALA RURAL P.S., UDUPI DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376, 417 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 366A, 376, 114, 506 of IPC and also under Section 4 and 6 of Protection of Children from Sexual Offences Act and Section 9, 10, 11(1) of Prohibition of Child Marriage Act, 2006, registered in respondent – police station Crime No.196/2017.
2. Brief facts of the prosecution case that the mother of the victim girl lodged the complaint on 22.04.2017 alleging that on 21.04.2017 at 2.00p.m., the victim stated that she will bring clothes from upstairs, went to upstairs. Thereafter, she did not return. Complainant went to upstairs but her daughter was not there, they made search, even then she was not traced. The complainant raised suspicion on one Venu, who is the neighbour. Subsequently, the victim girl as well as the petitioner were traced and the petitioner has been arrayed as accused for the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner during the course of his arguments submitted that looking to the very statement of the victim girl given before the Magistrate Court under Section 164 of Cr.P.C., there is no prima-facie case as against the petitioner. Hence, submitted that by imposing reasonable conditions, petitioner may be enlarged on bail.
5. Per contra, learned HCGP has submitted that the victim girl is aged 17 years and there are offences under the provisions of POCSO Act. Hence, submitted that petitioner is not entitled to be granted with bail.
6. I have perused the grounds urged in the bail petition, FIR, complaint and the charge sheet material, so also, the other materials placed on record.
7. I have also perused the statement of the victim girl dated 02.05.2017 recorded before the JMFC Court at Devanahalli. In the said statement she has stated that she was having love affair with the petitioner herein and they wanted to marry each other, which was noticed by the family members of the victim girl. It is also stated that it is she, who left the house and joined the petitioner, called the petitioner over phone message stating that she has already left the house. In her statement it has come on record that the petitioner told her to go back to her house, even then she had not returned. The alleged offences are also not exclusively punishable with death or imprisonment for life. Considering these materials and the statement of the victim girl, and as the investigation is completed and charge sheet has been filed, I am of the opinion that by imposing reasonable conditions, petitioner can be enlarged on bail.
8. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail of the offence punishable under Sections 366A, 376, 114, 506 of IPC and also under Section 4 and 6 of Protection of Children from Sexual Offences Act and Section 9, 10, 11(1) of Prohibition of Child Marriage Act, 2006, registered in respondent – police station Crime No.196/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR