IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.8087/2019 BETWEEN:
RUDRA, S/O LATE PALANI, AGED ABOUT 23 YEARS, R/A NO.156, NEAR MARIYAMMA TEMPLE, PRIYANKANAGAR, SIGEHALLI K R PURAM, BENGALURU-560063. ...PETITIONER (BY SRI JAGADEESHA H, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY ASHOK NAGAR POLICE STATION, BENGALURU-560063, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-01. …RESPONDENT (BY SRI ROHITH B.J, HCGP) ***** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.196/2019 (SPL.C.C.NO.910/2019) OF ASHOK NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 363, 343, 366, 376(3) OF IPC AND SECTION 4 & 6 OF POCSO ACT AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.196/2019 of Ashoknagar Police Station initially for the offence punishable under Section 363 and after the charge sheet is filed. The petitioner-accused is charge sheeted for the offence punishable under Sections 366, 376(3), 363 and 343 of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012.
3. Brief facts as could be seen from the entire charge sheet are that the petitioner and the victim girl were known to each other and they fell in love with each other. On 14.06.2019 the accused called her over phone to come to Neelasandra and thereafter, he took her in a autorikshaw to his house and told C.W.10 that victim girl and petitioner are friends. As the victim girl had quarreled with her family members, she would be staying in their house for some time. In this context, it is stated that they resided together and on 14th and 15th June, 2019, it is alleged that the petitioner have had physical contact with her. Thereafter, she was secured and accused was arrested by the Police on the complaint lodged by the complainant.
4. During the course of investigation, statement of the victim under section.161 of Cr.P.C was recorded, wherein she has reiterated the above said factual aspects; her statement was also recorded under Section 164(5) of Cr.P.C., wherein she has categorically admitted the love affair between herself and the petitioner and she voluntarily went to the house of the petitioner and stayed there for three days and thereafter, she came out of the house after telephoning to her mother, it was known to her that she has resided there for a period of three days. It is stated that on those three days, petitioner have had physical contact with the victim with her consent.
5. The age of the victim girl as could be seen from the materials collected by the Police was that she has crossed 17 years as on the date of alleged offence. Under the above said circumstances, looking to the nature of allegations and the relationship between the parties, voluntariness amongst the victim, in my opinion the prosecution has to prove during the course of full dressed trial that the victim has not crossed the age of 18 years and it is not consenting age. Under the above said facts and circumstances, by imposing stringent conditions, petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner-accused shall be released on bail in connection with Crime No.196/2019 of Ashoknagar Police Station registered for the offence punishable under Sections 366, 376(3), 363 and 343 of IPC and Sections 4 and 6 of 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 Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not tamper with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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.
BSR Sd/- JUDGE