IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2664 OF 2019 Between:
Kishor, Son of Puttamadaiah, Aged about 24 years, R/at No.2882, 2nd Cross, Siddhartha Layout, Kathriguppe, Bangalore-560 085.
And also at:
Alligudde Thandya, Chikkamuduwadi, Kanakapura, Ramanagar, Karnataka-562 117. ... Petitioner (By Sri. Devaraja. S.K, Advocate) And:
State of Karnataka, By Thavarekere Police Station, HCGP, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.M.Divakar Maddur, HCGP) This Crl.P is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.263/2018 (Spl.C.No.543/2018) of Tavarekere P.S., Ramanagara for the offence p/u/s 324,376C of IPC and Section 4, 6 of POCSO Act.
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 High Court Government Pleader for respondent-State.
2. This Petition has been filed by the petitioner- accused under Section 439 of Cr.P.C., praying to enlarge him on bail in Crime No.263/2018 of Thavarekere Police Station for the offences punishable under Sections 324, 376(C) of the Indian Penal Code and also under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
3. It is the case of the prosecution that the complainant-victim was studying in X Std.; herself and her sister used to go and eat Gobimanchurin near Thyagaraja Co-Operative Bank; there they came in contact with the accused, as the accused took the mobile number of their mother and thereafter he used to contact her mother. One day when the mother of the victim was not there, at that time accused contacted the victim and he was acquainted with the accused. Thereafter, accused started loving her and she also started loving him. On 13.07.2018, the victim told her parents that she is going to school and along with the luggage she went to the house of accused and stayed there for a period of one month and thereafter the accused started suspecting upon the victim, picked up quarrel, assaulted her and caused grievous injuries to her. The victim got upset and has informed the same to her mother, she took the victim to her maternal aunt’s home. On 15.07.2018, again the petitioner came to her and took her from that place by threatening her, to his house at Magadi Road, Seegehalli and there they were staying together and in the night accused used to have sexual intercourse with her. On 25.08.2018, again he made galata with her and assaulted her with iron rod on her body and hands even fully knowing that the victim is a minor. Thereafter, the victim came to her parents’ house and filed the complaint.
4. It is the submission of the learned counsel for the petitioner that earlier bail petition was filed before this Court by the learned counsel without there being any authority, he was engaged to conduct the case only before the learned District Judge without knowledge of the petitioner. The present petition has been filed before this Court and without considering the merits on the right perspective, the petition came to be dismissed. It is his further submission that the contents of the charge sheet material discloses the fact that the victim was acquainted with the accused and they were talking over the phone and subsequently, she herself has gone to the house of the accused.
5. It is further submitted that now, the accused and the victim are intending to marry and if the petitioner-accused kept languishing in jail, then there may arise difference of opinion and the petitioner- accused is ready to abide by the conditions imposed by this Court and ready to offer the surety. On these grounds, he prays to allow the petition and to release the petitioner on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that this Court by considering the merits of the case in Criminal Petition No.9655/2018 dated 05.03.2019, dismissed the petition. There are no new grounds made out by the petitioner-accused to re-entertain the bail application. Even, 164 statement of the victim girl goes to show that the accused had forcefully sexually assaulted her when she was in the house of the accused. It is his further submission that the Injury Certificate also discloses that there were injuries over the body of the victim and it is accused who assaulted the victim and caused seven injuries. It is further submitted that the petitioner-accused has taken a minor girl and has sexually assaulted her which is considered to be a serious and heinous offence. On these grounds, he prays to dismiss the petition.
7. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
8. It is not in dispute that this Court in Criminal Petition No.9655/2018 dated 05.03.2019 considering the case on merits dismissed the bail petition. Though it is contended by the learned counsel for the petitioner-accused that the previous counsel who has conducted the case was not authorized to file the said bail petition. But that is a matter between the client and the advocate if at all he is willing to take any action against him. He can take legal and proper action insofar as the earlier counsel is concerned. This Court after considering the facts has come to the conclusion that though the victim aged about 16 years and the injuries were also found over the body of the victim and Section 164 statement also clearly discloses the fact that it is against the will of the victim, the accused sexually assaulted her. Taking into consideration of the said facts and circumstances, the petition was came to be dismissed. There are no changed circumstances to entertain the said petition by considering the same. In that light, the petition is liable to be dismissed and accordingly, the case is dismissed.
However, the trial court is directed to expedite the trial expeditiously within a period of six months from the receipt of this order.
Nms/RG Sd/- JUDGE