IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3658/2019 BETWEEN:
MANJUNATH, S/O RANGASWAMY, AGED ABOUT 24 YEARS, R/O BEVINAKUPPE VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT.
AT PRESENT R/O KADAVINAKOTE VILLAGE, HALEKOTE HOBLI, H.N.PURA TQ, HASSAN DISTRICT – 573 201.
(BY SRI.GIRISH B BALADARE, ADV.) AND:
STATE BY HOLENARASIPURA POLICE, HASSAN DISTRICT.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
(BY SRI. HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.8/2019 (SPL.C.NO.73/2019) OF HOLENARASIPURA TOWN P.S., HASSAN FOR THE OFFENCE P/U/S 363, 376(2) OF IPC, SECTION 6 OF POCSO ACT AND SECTION 9 OF CHILD MARRIAGE RESTRAINT ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent. Perused the records.
2. The brief factual matrix of the case is that the mother of the victim girl has lodged a complaint stating that accused has abducted CW-2 victim girl on 19.01.2019 and committed rape on her knowing fully well that the said girl was a minor at that point of time. On that basis, police have registered a case under Section 363 of IPC initially and after investigation they laid the charge sheet under Section 376 of IPC and also under Section 6 of the POCSO Act. On careful perusal of the statement of the victim girl, it is seen that she has categorically stated that accused was often persuading her to have sex and on 19.01.2019 forcefully has taken her to various places and also forcefully took her to Ranganatha Swamy Temple at Holenarasipura Town and tied thali to her and thereafter kept her in the house of his friend one Sunil and committed sexual intercourse on her.
3. Even during investigation, police have got recorded statement under Section 164 of Criminal Procedure Code. In that also, she has categorically reiterated the allegations made against the petitioner. Though the victim was aged 17 years 8 months, she has not voluntarily gone along with accused. It is only on the basis of force and persuasion as stated by her, the incident has happened. That POCSO Act has been invoked and further, as presumption is available to the prosecution with regard to the statement of the victim girl, in my opinion, it is not a fit case to enlarge the petitioner on bail.
The petition is devoid of merit and same is liable to be dismissed and accordingly dismissed.
Sd/-
JUDGE sac*