IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3103/2019 BETWEEN:
SYED NAYEEM S/O SYED AMAN, R/AT NO.966, 5TH CROSS, R.K.HEGDE NAGARA BENGALURU-560077.
... PETITIONER (By Sri. RAM SINGH.K, ADV.) AND STATE OF KARNATAKA BY KOTHANUR POLICE STATION, BENGALURU-560077 REP BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA, BENGALURU-560001.
(By Sri.K.P.YOGANNA, HCGP) ... RESPONDENT THIS CRL.PETITION IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.213/2018 (C.C.NO.380/2019) OF KOTHANUR P.S., BANGALORE FOR THE OFFENCE P/U/S 363,366A,376 OF IPC AND SEC.4,6,10 OF POCSO ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP for State. Perused records.
2. The allegations made against the petitioner is that he has abducted the victim girl aged about 17½ years who was studying in ‘Bangalore City college’, Challakere in I PUC. On 5.12.2018 she had been to college at about 7.30 a.m. In fact, allegations are made that said girl went out from the house with cash of Rs.22,000/- along with some gold articles. In this context, a missing complaint was filed by the mother of the said victim girl and thereafter during the course of investigation, the police found that the accused and petitioner went together to different places, particularly to Chennai, Hyderabad and other places and in fact, they took rented premises at Hyderabad belonging to CW-9 and they stayed there for about 15 days. It is further alleged that, at those places the accused and the victim girl have had sexual activity with each other. Though in the charge sheet it is alleged that on all occasions the accused has forcibly ravished her. Learned counsel brought to the notice of this Court the report given by the girl, when she was subjected to medical examination she has stated that accused and herself loved each other and went together and have had sexual intercourse with each other.
3. Looking to the above said circumstances, during the course of evidence the Court has to examine whether it was a consent act between the parties or there was any forcible act on the part of the petitioner. Further added to that as the victim girl is aged about 17 years 6 months and she has almost nearing to the age of majority and during the course of evidence, the prosecution has to establish beyond reasonable doubt that she was below the age of 18 years. Therefore, considering the above said circumstances and also the age of the victim girl which is almost nearing the age of majority, I am of the opinion that it may be a love affair case. Therefore, it is just and necessary to release the accused on bail, particularly under Section 439 of Cr.P.C. Hence, the following:
ORDER The petition is allowed.
Petitioner shall be released on bail in the event of his arrest in connection with Crime No.213/2018 of Kothanur Police Station, Bengaluru (Spl. Case No.380/2019 on the file of City Civil and Sessions Judge, Bangalore (CCH-54), for the offences under Sections 363, 366-A, 376 of IPC, and Section 4, 6, 10 of POCSO Act subject to the following conditions:
(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of I.O.;
(ii) Petitioner shall not indulge in tampering prosecution witnesses;
(iii) Petitioner shall appear before I.O. as and when required for the purpose of investigation, interrogation etc. and also for the purpose of completing the investigation as expeditiously as possible.
(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.
Sd/- JUDGE ln.