IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5760/2018 BETWEEN:
STATE BY ASSISTANT POLICE COMMISSIONER, MANGALURU CENTRAL SUB DIVISION, BUNDER MANGALURU THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01. ...PETITIONER (BY SRI: HONNAPPA, HCGP) AND:
SURESH @ SURESH N.B., S/O LATE BALAKRISHNA, AGED ABOUT 25 YEARS R/AT D.NO.4/480, NEDCHIL HOUSE, ARAMBOORU POST, ALETTI VILLAGE, SULLIA TALUK, DAKSHINA KANNADA DISTRICT-574239. …RESPONDENT (VIDE ORDER DATED 30.10.2019 NOTICE TO RESPONDENT IS DISPENSED WITH) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) CR.P.C. PRAYING TO 1. SET ASIDE THE ORDER DATED 20.02.2018 PASSED IN SPECIAL CASE NO.201/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS (SPECIAL) JUDGE, D.K., MANGALURU IN RESPECT OF THE OFFENCE PUNISHABLE UNDER SECTION 376(2)(i)(n) OF IPC AND UNDER SECTION 5 AND 6 OF POCSO ACT AND SECTION 3(2)(V)(VA), 3(1)(W)(i)(ii) OF SC AND ST (POA) ACT.
2. DIRECT THAT THE ACCUSED/RESPONDENT BE ARRESTED AND COMMITTED TO CUSTODY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned HCGP for the petitioner/State and perused the records.
2. State has come up with this petition seeking to set aside the order dated 20.02.2018 passed by the II Additional District and Sessions (Special) Judge, Dakshina Kannada, Mangaluru in Special Case No.201/2017 in favour of the respondent granting bail for the offence punishable under sections 376(2)(i)(n) of IPC, sections 4 and 6 of the Protection of Children from Sexual Offences Act 2012 and sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. It is the case of the prosecution that the victim girl aged about 17 years 8 months fell in love with the respondent- accused since seven months prior to the lodgment of the complaint. They were wandering around and they had physical contact with each other. The victim was working at Mysore for some time. She used to come to Mangaluru and stay in the city lodge along with the petitioner on several occasions. It is alleged that the respondent giving assurance that he would marry her, had physical contact with her, resulting in the complainant becoming pregnant and she gave birth to a male child.
4. The Trial Court after considering the entire charge sheet papers, came to the conclusion that the age of the victim has to be proved beyond reasonable doubt that she had not crossed 18 years and further the conduct of the victim has been taken into consideration that she was freely moving with the petitioner and went to various places and joined hands with him and had physical contact with each other. Therefore, considering the age of the victim girl and other circumstances, by exercising its discretion, the Trial Court has granted bail. There is no reason for this court to interfere with the said order. Hence, the petition is devoid of merits and the same is liable to be dismissed.
Accordingly, the petition is dismissed even before issuing notice to the respondent.
Sd/- JUDGE Bss.