IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5839/2018 BETWEEN:
Siraj, S/o. Mohammed Hasan Saab, Aged about 25 years, R/at 7th Cross, Doddanna Kaigarika Pradesha, Peenya 2nd Stage, Bengaluru – 560 085.
(By Sri.M. Krishnegowda, Advocate for Sri. Pradeep C.S., Advocate) ...Petitioner AND:
The State of Karnataka.
Represented by Rajagopalanagar Police, High Court Government Pleader, High Court of Karnataka, Bengaluru – 560 001. ...Respondent (By Sri. Namitha Mahesh, B.G, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.137/2018 of Rajagopal Nagar Police Station, Bengaluru for the offence punishable under Sections 366 and 376 of IPC and Section 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail in Crime No.137/2018 of Rajagopalnagar Police Station for the offences punishable under Sections 366 and 376 of IPC and Section 6 of POCSO Act, 2012.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the victim was studying in first year PUC in Vasavi College. On 11.03.2018 at about 10.00 a.m., the parents of the victim asked about the gold neck-chain and ring. For which, the victim stated that about six months back, accused has followed her, when she went to the college and was forcing her to love him and they were talking with each other. It is further stated that five months back, accused took her in his motor-bike to the Nice Road and there, he has sexually assaulted her. It is further alleged that two months back, accused asked Rs.10,000/- from the victim as such, she gave her gold chain and ring to Nazima. In turn, the said Nazima, gave Rs.10,000/- to the accused by pledging the gold ornaments. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that there is a delay in lodging the complaint. The complaint was lodged only when the parents have asked the gold ornaments otherwise, no complaint would have been registered. It is further submitted that the victim is aged about 17 years 2 months as on the date of the alleged incident. She was knowing the consequences and she used to love the accused and she herself voluntarily come along with the accused and it is a consensual sexual act. Further it is submitted that the gold ornaments are said to have been taken from the victim, have been pledged and the receipt is standing in the name of the victim’s mother that itself, clearly goes to show that the falsification of the case by the victim. Further it is submitted that already the charge sheet has been filed and the petitioner/accused is not required for the purpose of investigation or interrogation. It is further submitted that there is inconsistency in the statement of the victim before the police and the statement under Section 164 of Cr.P.C., and even before the Doctor, who came to be examined the victim. Further it is submitted that the petitioner/accused is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused was minor as on the date of the alleged incident. The petitioner/accused took her near Nice Road and she has been sexually assaulted. It is further submitted that at the instance of the accused, the gold ornaments were also recovered by drawing the mahazar. She further submitted that the petitioner/accused has committed heinous offence of sexual assault against the will of the victim. The Medical Reports corroborates the statement of the victim. If he is released on bail, he may threaten the prosecution witnesses and he may abscond and may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint, it discloses that the victim is aged about 17 years 2 months. When the victim was in the college, the accused came and took her on his motor-bike at that time also, she has not resisted. Thereafter, accused sexually assaulted her then also, she has not informed the said fact to the parents or police. When the parents asked about the gold chain and ring then, she has disclosed the fact to the parents till then, she has kept quite. All these acts clearly go to show that it is a consensual sexual act. Be that as it may. Even as could be seen from the statement of the victim under Section 164 of Cr.P.C., there also, there is no consistency in the statement of the victim. As on the date of alleged incident, the victim is aged about 17 years 2 months that itself clearly go to show that she is matured and she was knowing the consequences and she has consciously had a sex with the accused.
Already the charge sheet has been filed. Petitioner/accused is not required for the purpose of further investigation or interrogation. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed. Petitioner/accused is enlarged on bail in Crime No.137/2018 of Rajagopal Nagar Police Station, Bengaluru for the offence punishable under Sections 366 and 376 of IPC and Section 6 of POCSO Act, 2012 subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regularly appear before the Court for trial.
Sd/- JUDGE VBS