IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4272/2019 BETWEEN:
Umesh S/o Krishna Bhovi 42 years, working as Watermen, Agriculturist, R/at B.K. Hosuru Village, Kaduru Taluk, Chikkamangaluru District – 577548. ... Petitioner (By Sri R Rakshith, Advocate) AND:
State of Karnataka, By Hosadurga P.S. – 577201 Rep. by S.P.P., High Court of Karnataka, Bengaluru -560001. ... Respondent (By Sri K.P.Yoganna, HCGP for Respondent/State) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.48/2019 (Spl.C.POCSO No.15/2019) of Hosadurga Police Station, Chitradurga for the offence punishable under Section 376 of IPC, 5(J)(II) and 6 of POCSO Act and 9 and 11 of Child Marriage 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 the proceedings in Crime No.48/2019 with respect to the offences punishable under Section 376 of IPC and Section 5(J)(II) and 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012.
2. The case of the prosecution is that the complaint came to be filed by the Development Protection Officer on 31.01.2019 alleging that the victim had given birth to a female child on 29.10.2018. It is stated that the marriage was performed at Dharmasthala and age of the victim did not permit such marriage. It is further stated that the petitioner is the father of the child. On the basis of the complaint, FIR is registered, investigation is completed and charge sheet has been filed.
3. Learned counsel for the petitioner has stated that the victim and petitioner were living in Janakal Village and further stated that the statement of the victim recorded under Section 164 of Cr.P.C. does not support the case of the prosecution.
4. The victim is present in Court and her signature is appended in the order sheet. Hence, notice of the present proceedings to the victim is taken to be sufficient.
5. Learned Government Pleader has interacted with the victim and submits that the victim who is present in the Court stated that victim and the petitioner were living together and that the child was born from within the wedlock. Without recording a conclusive finding as regards the weight of evidence to be assigned to the statement recorded under Section 164 of Cr.P.C. and its implication insofar as trial, the petitioner is entitled to be enlarged on bail.
6. In light of the peculiar facts of the case and noticing that child was born from within the wedlock of the petitioner and the victim and noticing the submission that there is no one to support the family except the petitioner and noting that proceedings cannot be treated to be punitive in nature, the petitioner is entitled to be enlarged on bail 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 GJM