IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1501/2019 BETWEEN:
Ambarish, Aged 22 years, S/o.Venkatesh, R/at No.251/1, 2nd Cross, 2nd Main, Byrappa Block, Tyagarajanagar, Bengaluru-560 028. ... Petitioner (By Sri.D.Nataraj, Advocate) AND:
The State of Karnataka, Banashankari Police Station, Rep. by its SPP, High Court, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.9/2019 of Banashankari Police Station, Bengaluru City for the offences punishable under Sections 363, 366, 376 of IPC and Sections 4 and 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.09/2019 for the offences punishable under Sections 363, 366, 376 of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012.
2. The case of the prosecution is that a complaint was lodged on 22.01.2019 alleging that his daughter aged about 17 years was missing and had taken away cash and gold ornaments. It is further stated that the complainant had suspected that the petitioner with whom the victim was having an affair had taken her away. On the basis of the complaint, FIR was registered, investigation is complete and the charge sheet has been filed.
3. Learned counsel for the petitioner states that admittedly, there was a consensual relationship between the petitioner and the victim which comes out on a reading of the statement recorded under Section 164 of Cr.P.C., and on a reading of the complaint. It is submitted that apart from the fact that there is a voluntary relationship, statement recorded under Section 164 of Cr.P.C. would evidence that the petitioner has married the victim.
4. Prima facie on the reading of the statement recorded under Section 164 of Cr.P.C. would indicate that the petitioner and the victim had a consensual relationship and the victim had voluntarily gone along with the petitioner. The proof of the offence is a matter for trial. However, taking note of the version as made out in the statement of the victim recorded under Section 164 of Cr.P.C. which reveals that apparently there was consent and also noting that the victim has specifically stated that she had married the petitioner, without expressing any conclusive opinion as regards to the weight of evidence, the petitioner is entitled to be enlarged on bail.
In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.09/2019 for the offences punishable under Sections 363, 366, 376 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 of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE SJK