IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7972/2019 BETWEEN SRINIVASA @ SEENA @ GUNDA S/O PRASAD AGED ABOUT 20 YEARS RESIDING AT MEDIGESHI VILLAGE I.D. HALLI HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT PIN: 572 133 (BY SRI. S.A. KULKARNI, ADVOCATE) AND ... PETITIONER 1. THE STATE OF KARNATAKA BY MEDIGESHI POLICE STATION TUMKUR DISTRICT– 572 133 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 2. SMT. AMBIKA W/O LATE RAJANNA AGED ABOUT 32 YEARS R/AT HANUMANTHAPURA VILLAGE MEDIGESHI HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT – 572 133 … RESPONDENTS (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.81/2019 REGISTERED BY MEDIGESHI POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/Ss. 363, 343 AND 376 OF IPC AND SECTION 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Notice to be issued to the 2nd respondent- complainant is dispensed with.
2. Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
3. The respondent-Medigeshi Police have registered a case in Crime No.81/2019 initially for the offence punishable under Section 363 of IPC on the complaint lodged by the mother of the victim girl, resident of Hanumanthapura, Medigeshi Hobli, Tumkur District. After thorough investigation, the police have got recorded the statement of the victim girl under Section 161 of Cr.PC. and also 164(5) of Cr.PC. before the jurisdictional Magistrate.
4. The sum and substance of the prosecution case is that, the victim girl, aged about 17 years is none other than the daughter of the complainant and she fell in love with the petitioner and she wanted to marry him. But, the family members of the petitioner were not agreeing for their marriage because of caste difference. Therefore, the victim girl decided to run away with the petitioner. Accordingly, on 16.09.2019, in the night hours, after finishing dinner, she went out from the house and thereafter, both the petitioner and the victim girl went to Tumakuru in a lorry and thereafter, they went to Jummanayakanapalli, Gouribidanur Taluk at Andhra Pradesh and stayed in the house of the friend of the petitioner and they had physical contact with each other and even thereafter they continued their physical relationship. In 164 Cr.PC. statement, the victim girl has categorically stated that, herself and the petitioner went to the house of the uncle of the petitioner and they stayed there for some days and the uncle of the petitioner made all his efforts to conduct the marriage between the petitioner and the victim girl. But, she refused for marriage. Thereafter, Medigeshi Police Station, Tumakuru, have detected them and arrested the petitioner.
5. On careful perusal of the materials collected by the respondent-police, the victim girl was born on 20.07.2002 and the incident happened on 16.09.2019. It appears as on the date of the incident, the victim girl has crossed the age of 17 years.
6. In the facts and circumstances of the case, it is not clear as to whether the victim girl is below 18 years and whether she was capable of taking decision on her own, and whether the petitioner persuaded her to go with him. Therefore, the said aspects have to be established during the course of full dressed trial.
7. Considering the nature of allegations, age of the victim girl and the petitioner/accused has already been arrested and he has been interrogated and he is in Judicial Custody, in my opinion, he may not be necessary for custodial investigation etc. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused- Srinivasa @ Seena @ Gunda shall be released on bail in connection with Crime No.81/2019 of Respondent-Medigeshi Police Station, Tumakuru District, for the aforesaid offences, now pending before the Court of III Addl. District and Sessions Judge at Tumakuru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*