IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6438/2018 BETWEEN:
V. Arun Kumar @ Chinnaiah, S/o. Late Vilson, Aged about 24 years, R/o No.302, 1st Cross, 2nd Main Road, Kantiravanagar, Nandini Layout, Bengaluru City-560058. ...Petitioner (By Sri. C.N.Raju, Advocate for Sri. K.N.Shashidhar, Advocate) AND:
The State by Nandini Layout Police Station, Rep. by State Special Public Prosecutor, High Court Building, Bengaluru-560001. ...Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.632/2017 (SPL.C.No.149/2018) of Nandini Layout Police Station, Bengaluru City for the offences punishable under Sections 363, 366, 376 of IPC and Sections 5(L), 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C to release him on bail in Crime No.632/2017 (Spl.C.No.149/2018) of Nandini Layout Police Station, Bengaluru City for the offences punishable under Sections 363, 366 and 376 of IPC and Section 5(L) and 6 of POCSO Act.
2. I have heard the learned counsel for the petitioner-accused and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the victim girl was staying along with the complainant and she studied up to 8th standard in Holi Mother Convent School. On 24.11.2017 at about 5.30 PM, she left the house and did not returned and as such, a missing complaint was registered. Thereafter, the victim and the petitioner-accused were traced in Kolar, there, the victim revealed that the petitioner-accused eloped her by saying that he was in love with her and took her to BMTC bus stand and from there, he took her to Kolar and stayed there. On 25.11.2017, he took her and against her will, he got married forcefully and sexually assaulted the victim girl. On the basis of the statement of the victim and after the investigation, the charge sheet has been filed.
4. It is the submission of learned counsel for the petitioner-accused that the petitioner-accused is innocent and he is falsely implicated in the case. He further submitted that the petitioner-accused and victim used to love and because of the love, she herself went along with the petitioner-accused and were also staying together. Even as per the Medical Examination and the doctor has opined that there is no evidence of sexual intercourse on the victim girl, it clearly goes to show that there is no sexual assault on the victim girl. He further submitted that petitioner-accused is in custody since from 04.12.2018, already investigation is completed and charge sheet has been filed. Petitioner- accused is not required for further investigation or interrogation. Petitioner-accused is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if he is released on bail. 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 petitioner-accused has eloped a minor girl who is aged about 15 years and thereafter against her will, he sexually assaulted her. He further submitted that there are prima-facie materials to show that petitioner- accused is involved in a heinous offence of sexual assaulted a minor girl. There is no good grounds to release the petitioner-accused on bail. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. The statement of the victim has been recorded by the learned Magistrate under Section 164 of Cr.P.C on 20.02.2018, wherein she has clearly deposed that the petitioner-accused has induced her and took her to Kolar and got married forcefully and against her will, she has been sexually assaulted, who is a minor girl aged about 15 years. Under the facts and circumstance, I feel that it is not a case to release the petitioner-accused on bail. Hence, petition stands dismissed. However, liberty is given to the petitioner- accused to move the court for bail after examination of the victim.
Sd/- JUDGE HA/-