IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8907/2018 BETWEEN:
Vittal Rao S/o Narayana Rao Aged about 28 years Resident of Yalavanatha Village Kodihalli Hobli, Kanakapura Taluk-562 119 (By Sri A.N. Radha Krishna, Advocate) AND:
…Petitioner The State of Karnataka by Kodihalli Police Kanakapura Taluk Ramanagara District Represented by The State Public Prosecutor High Court Building Bangalore-560 001.
… Respondent (By Smt. B.G.Namitha Mahesh, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.144/2018 registered by Kodihalli Police Station, Ramanagara, for the offences punishable under Section 376 of Indian Penal Code and Section 6 of POCSO Act and Section 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. to release him on bail in Crime No.144/2018 of Kodihalli police station (Spl.Case No.154/2018) of the file of 1st Additional Sessions Judge, Ramanagar, for the offence punishable under Section 376 of IPC and under Section 6 of POCSO Act and Section 3(2)(v) of SC/ST (POA) Act.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
Though notice is served to the complainant, he has remained absent.
3. The brief facts of the case of the complainant is that the complainant is working as a Women and Child Welfare Officer. On 25.9.2018 at about 4.30 p.m. he received the information regarding the pregnant of a girl aged about 17 years. Immediately he had been to the Government Hospital, Kanakapura, along with one Smt.Rashmi and Smt.Suchitra. When he contacted the victim girl, she informed that one Vittal Rao S/o Narayana Rao has sexually assaulted on her, due to that she had become pregnant. Accordingly, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused is innocent and he has not committed any offence as alleged. He further submitted that already charge sheet has been filed and victim came to be examined as PW.2 and in her examination-in-chief she has deposed that one Balaji Nayak came in physical contact with her as they were loving with each other and because of that she had become pregnant and even she has further deposed that said Balaji is the main cause and 164 statement has been recorded as per Ex.P2. As per the records, she has been treated as hostile and even during the course of cross examination by the learned Public Prosecutor, nothing has been elicited. That itself clearly goes to show that there is no connection between the petitioner/accused and the victim, false case has been registered, trial may take some more time. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties.
5. Per contra, the learned High Court Government Pleader submitted that the victim though turned hostile, she had delivered a child and DNA test is awaited. If DNA comes to the Court, it will reveal that whether it is Balaji Nayak or the petitioner/accused are the biological father of the said child. Now at this juncture it cannot be held that accused is not responsible for the said Act, there is material as such. Hence, she prays 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. On close reading of the deposition of PW.2 the victim though she is aged about 17 years she has clearly and categorically deposed before the Court that it is one Balaji Nayak who was acquainted with her and they used to love and as such there was physical contact and thereafter she do not know whether she has given a letter or not. When she came to know that she is three months’ pregnant, she went to the hospital for abortion, at that time also she states that she is very young and she cannot be aborted and she became pregnant and delivered a child, even she has not supported the case of the prosecution under 164 statement given in this behalf. Under the said facts and circumstances, it creates a doubt in the case of the prosecution.
8. Be that as it may. Though it is contended by the learned High Court Government Pleader that DNA test is awaited and after the DNA test the matter is going to be decided and the said fact is going to be determined only at the completion of the trial. Under the said facts and circumstances, I feel that, it is a fit case to release the petitioner/accused on bail.
9. In the light of the discussions held by me above, the petition is allowed and petitioner/accused is ordered to be released on bail in Special Case No.154/2018 pending on the file of I Additional District and Sessiosn Judge, Ramanagar, (Crime No.144/2018) of Kodihalli Police Station, for the offence punishable under Section 376 of IPC and under Section 6 of the POCSO Act and also under Section 3(2)(v) of the SC/ST Act, subject to the following conditions:
i) The petitioner 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.
ii) He shall regularly attend the trial.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE *AP/-