IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.908/2019 Between:
T. Manjunatha S/o. Thippeswamy Age: 23 years Egg Rice Businessman R/o. Kalagere Village Chitradurga Taluk & District – 577 501. ...Petitioner (By Sri H.C. Shivaramu, Advocate) And:
State of Karnataka By Bharamasagara Police Station Bharamasagara Chitradurga District – 577 519 By SPP, High Court Bangalore. ...Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Spl.C.No.14/2018 (Cr.No.260/2018) of Bharamasagara P.S, Chitradurga District for the offence punishable under Sections 363, 376 of IPC and Section 4, 6 and 12 of POCSO Act and under Section 3(1), W (1) (II), 3(2)(V) of SC/ST (POA), 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 Spl.C No.14/2018 on the file of the II Addl. Sessions and District Judge, Chitradurga (Crime No.260/2018) for the offences punishable under Sections 363, 376 of IPC and Under Sections 4, 6 and 12 of POCSO Act, 2012 and also under Section 3(1), W(1)(II), 3(2)(V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities ) Act, 1989.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Though the notice is served to the complainant, she has remained absent.
4. The mother of the victim filed the complaint alleging that she is living along with her husband and five children. The victim is second daughter of the complainant and was studying in S.S.L.C in Vinayaka High School. On 16.09.2018, the victim left the house to attend nature call, but did not return. Thereafter, they made enquiries and they were under impression that she might have gone to her relative’s house. On 18.09.2018 at about 11.00 a.m. the complainant came to know that her daughter was in the land of Thippeswamy and they went and rescued the victim. After enquiry, they came to know that on 16.09.2018 at about 3.30 p.m. while the victim was coming back to her house by the side of bund, petitioner/accused came on motorbike and told that he is loving her and requested her to run away with him so that they can get marry. Though she refused, petitioner/accused made her to sit on the motorbike and thereafter they reached the pump house and there he forcefully had sexual act. Thereafter, he brought her to the land of Thippeswamy and left her there and went. Meanwhile, the complainant went there and rescued the victim. On the basis of the complaint, a case was registered and after investigation, charge-sheet has been filed.
5. It is the submission of the learned counsel for the petitioner that petitioner/accused and the victim girl loved each other. The victim has gone along with petitioner/accused on her own wish and she also used to love him. He submitted that there was no force or any other act. He further submitted that the victim has voluntarily gone along with the accused and as such, the provision of Section 363 is not attracted. Even the conduct of the victim that she has not resisted and she was also knowing the consequence and thereafter the act which has been done by both is nothing but consensual sexual act. Already the charge sheet has been filed. Since six months the petitioner/accused is in judicial custody, his presence in the custody is not necessary; he is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioner/accused on bail.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that as on the alleged date of the incident, the victim girl was 15 years old and was minor and she cannot give any consent to the accused. It is nothing but a sexual act without consent, punishable under Section 376 and POCSO Act. She further submits that the petitioner/accused has forcefully taken the victim from the custody of the complainant and thereafter he had sexual act. The material which has been collected clearly goes to show that the petitioner/accused has sexually assaulted the victim. She further submitted that the medical evidence also corroborates the statement of the victim and the victim has also examined under Section 164 of Cr.P.C. before the learned Magistrate and also statement under Section 161 of Cr.P.C., has been recorded. There is ample material to connect the accused to the alleged crime. There are no good grounds made out to release the accused on bail. On these grounds, she prays to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
8. A close reading of the contents of the complaint itself clearly goes to show that petitioner/accused was coming on a motorbike and requested the victim to run away with him so that they can get marry therein and made her to sit on the motorbike. Thereafter, they reached pump house, the said act itself clearly goes to show that there was no resistance made by the victim when she had been taken by the accused on motorbike. Even the contents of the complaint itself clearly go to show that when she has been sexually assaulted in the pump house, there also there was no resistance and the entire night they slept together in the said pump house, without there being any resistance. Thereafter, she went to various places like Nayakanahalli, Challakere, Hanagal and other places along with accused and thereafter the accused brought the victim to Tippeswamy land and at that time, she has been rescued. The conduct and other things if looked into, the said conduct of the victim girl clearly shows the conscious act that she herself gone along with the petitioner/accused. Already the charge sheet has been filed and custodial continuation of the petitioner/accused is not necessary. Under the said facts and circumstances of the case, I am of the opinion that by imposing some stringent conditions, if accused /petitioner ordered to be released on bail, it meets the ends of justice.
9. In that light, petition is allowed.
Petitioner/accused is enlarged on bail in Spl.C. No.14/2018 (Crime No.260/2018) on the file of II Additional District and Sessions Judge, Chitradurga for the offences punishable under Sections 363, 376 of IPC and Sections 4, 6 and 12 of POCSO Act, 2012 and Section 3(1), W(1)(II), 3(2)(V) of SC/ST (POA) Act, 1989 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 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police.
4. He shall not tamper the prosecution evidence in any manner and shall not indulge in similar type of criminal activities.
5. He shall not tamper with the prosecution evidence directly or indirectly in any manner.
Sd/- JUDGE nms