IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7875/2019 BETWEEN:
VINAY KUMAR @ VINIYA AGED ABOUT 25 YEARS, S/O SRIPALAPPA, C/O RANGANATH, 4TH CROSS, MARUTHI TALKIES ROAD, NEAR KOLI ANGADI.
KASTURINAGARA, RAJAGOPALANAGARA, BENGALURU – 560 058.
AND ALSO AT CHEMBENAHALLI, SAJJEHOSAHALLI POST, DODDERI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT – 572 112. … PETITIONER (BY SRI VIJAYA KUMARA , ADVOCATE) AND:
STATE OF KARNATAKA BY RAJGOPALNAGARA POLICE STATION, BENGALURU – 560 058 & S.P.P HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ... RESPONDENT (BY SRI ROHITH , HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.401/2019 OF RAJAGOPALA NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 363,366,376 OF IPC, SECTION 6 OF POCSO ACT AND SECTION 6 OF CHILD MARRIAGE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner is the sole accused in Crime No.
401/2019 registered by Rajgopalnagara Police Station initially for the offence under Section 363 IPC and thereafter, at the time of filing of charge sheet, police incorporated Sections 366 and 376 IPC and also Section 6 of the POCSO Act, 2012 and Section 6 of the Child Marriage Act.
3. On careful perusal of the charge sheet papers, it reveals that victim was aged more than 17 years and she came in contact with the petitioner through face book and they developed intimacy with each other and in fact, he persuaded her to love him and she also started loving the petitioner. In fact, they wandered around various places due to love and infatuation. The said love affair came to the knowledge of the mother of the victim and thereafter, the family members of the petitioner and the victim have also accepted for the marriage of the petitioner and victim as per the statement of the victim girl before the police. Subsequently, due to above said circumstances, the petitioner and the victim went out from the house on 27.07.2019 to the friend’s house of the petitioner and then to the mother’s place of the petitioner and there, in fact, it is alleged that petitioner had physical contact with the victim. Thereafter, parents of the victim came to know about the same and lodged a compliant before the Rajgopalnagar Police Station. The statement recorded under Section 161 Cr.P.C. reveals the complete love affair of the petitioner and victim, but she changed her version during the statement recorded under Section 164 Cr.P.C. before the Magistrate stating that petitioner forced her to physical intercourse, etc. During the course of investigation, she was subjected to medical examination and even before the Doctor, she disclosed about the love affair and attitude of both herself and the petitioner as stated by her while recording statement under Section 161 Cr.P.C. It is clear from the above said facts and circumstances that either due to love affair or due to infatuation, they joined together and had sexual act with each other and only when it came to the knowledge of the parents, perhaps a complaint came to be lodged.
4. Looking into the above said facts and circumstances of the case and considering the age of the victim girl, who crossed 17 years and that during the course of evidence, it has to be proved as to whether she has attained the age of 18 years, giving the benefit of 1 year on either side, in my opinion, at this stage, petitioner is entitled to be enlarged on bail as charge sheet has already been filed and petitioner has been in judicial custody since the date of his arrest. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.401/2019 of Rajgopalnagara Police Station, Bengaluru, registered for the offence punishable under Sections 363, 366, 376 IPC and Section 6 of POCSO Act, 2012 and also under Section 6 of the Child Marriage Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(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 PKS