IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8244 OF 2019 BETWEEN:
BHAGAT, S/O THIMMAIAH, AGED ABOUT 22 YEARS, R/AT Y.N.HOSAKOTE, PAVAGADA TALUK, TUMAKURU DISTRICT-572 141. …PETITIONER (BY SRI NANJA REDDY B.A, ADVOCATE) AND:
STATE OF KARNATAKA, BY KORATAGERE POLICE, KORATAGERE, TUMAKURU DISTRICT-572132, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SRI HONNAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.161/2019 OF KORATAGERE P.S., TUMAKURU FOR THE OFFENCE P/U/S 376 OF IPC, SECTION 6 OF POCSO ACT AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE 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 the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.161/2019 of Koratagere Police Station for the offence punishable under Section 376 of IPC and also under Section 6 of the Protection of Children from Sexual Offences Act, and also under Section 9 of the Prohibition of Child Marriage Act, 2006.
3. The brief facts of the case are that the Taluka Health Officer (THO), Koratagere, lodged a complaint on 25.09.2019 stating that on 12.09.2019 the victim girl aged about 16 years was admitted to the hospital on the ground that she has some problem. On examination, the Doctor found that she was carrying pregnancy of three months. Then, he enquired as to who was responsible for the said pregnancy, then, she told the name of this petitioner. Therefore, on that ground the Taluka Health Officer has lodged a complaint, on which basis, a complaint came to be registered.
4. Learned counsel for the petitioner has brought to the notice of this Court that earlier the same Police have registered a case in Crime No.100/2019 on the complaint lodged by the mother of the victim girl stating that on 16.06.2019 she had been to the nearby place for washing clothes and when she came back she found the victim girl missing in the house and thereafter, she lodged a missing complaint after searching for her. The Police, after registration, secured the presence of the said girl and her statement under Section 161 of Cr.P.C. as well as the statement under Section 164(5) of Cr.P.C. was recorded by the jurisdictional Magistrate, wherein she has not at all stated anything about the accused and much less any physical intimacy with the petitioner-accused. On the above said ground, the Police have submitted ‘B’ final report in Crime No.100/2019 stating that no case has been made out that no whisper about the involvement of the petitioner.
5. Looking to the above said facts and circumstances, when earlier case was lodged on 27.06.2019 and the present case lodged on 25.09.2019, within a span of one month, the name of the petitioner has been surfaced by the victim. The earlier ‘B’ final report submitted by the Police and also the statement of the victim particularly before the Court under Section 164(5) Cr.P.C., in my opinion, there arises some doubt about the present complaint lodged against the petitioner. However, during the course of investigation the whole gamut of the case has to be investigated by the Police. In that view of the matter, the petitioner is entitled to be enlarged on bail on stringent conditions. It is made clear that for all practical purposes with regard to investigation, interrogation, medical investigation, recovery, if any, at the instance of the accused, it is deemed that accused is in custody of the Police.
6. With these observations, I pass the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.161/2019 of Koratagere Police Station, Tumakuru, for the alleged offences, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a 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 concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the final report is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
BSR Sd/- JUDGE