IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7383/2019 BETWEEN YOGENDRA K @ YOGESH S/O. KARIAPPA AGED 28 YEARS R/AT. GABBAGARADI KARIYAPPA MANJULAMMA HOUSE 3RD CROSS, RAGHAVENDRA LAYOUT INSIDE GANAPATI ARCH SHIKARIPURA TOWN SHIMOGA DISTRICT – 577 427 ... PETITIONER (BY SRI. HARI PRASAD N, ADVOCATE) AND STATE BY JAYANAGAR POLICE REP. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.99/2019 REGISTERED BY JAYANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 5 AND 6 OF POCSO ACT AND SECTION 376 OF IPC.
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 HCGP for the Respondent –State. Perused the records.
2. The petitioner is the sole accused in Crime No.99/2019 registered for the offence punishable under Section 376 of IPC and Sections 5 & 6 of the POCSO Act, 2012.
3. The victim girl has lodged a complaint and after investigation, the charge sheet has been filed against the petitioner for the above said offences.
4. The factual matrix of the case as revealed from the charge sheet papers is that, the victim girl was aged about 17 years and she was residing along with her parents and family members viz., CWs.2, 3, 4 & 5 in Padmanabhanagara in Bengaluru. Her family members were doing the work of cleaning and washing utensils in a hotel called Ahaar Vill situated at Padmanabha Nagar and they were also provided staff rooms by the said hotel in Chikkalasandra, Hanumagiri Nagar to stay after duty hours. The petitioner was also working in the said hotel. The petitioner persuaded CWs. 2 to 5 that he would marry the victim girl and he would take care of her. It is alleged that, whenever the family members were at work place, CW.1 used to be alone in the house. Therefore taking advantage of the situation, the petitioner ravished her and promised to marry her. On 04.03.2018 engagement of the petitioner and the complainant was performed and thereafter, the family members of CW.1 shifted their residence to House No.16 in Jayanagara 8th Block, Bengaluru. Then also the petitioner continued his physical relationship with CW.1-complainant (victim girl). But, after some time, the petitioner refused to marry her. In this context, it appears a complaint came to be lodged.
5. The entire charge sheet papers disclose that, the petitioner and the victim girl are moving together and they had physical contact for a long period and their engagement was also performed. For what reason the marriage has not been performed is best known to CWs. 1 to 5. The learned counsel also drawn my attention to the document placed before the court to show that the victim girl was subjected to medical examination pertaining to her age. The Dr. Naveen Kumar of KIMS Hospital, Bengaluru, has issued a certificate stating that, he has examined the victim girl on 16.05.2019 to ascertain her age and he found that she has crossed 17 years and she was found to be between 17 to 18 years. Therefore, it appears the victim girl has already attained the age of 17 years. Therefore, the aspects that, whether there was any forcible intercourse by the accused or even only on the basis of the pursuance by the accused, she surrendered herself to the lust of the petitioner, have to be ascertained during the course of full-dressed trial. Therefore, considering the age of the victim girl and also the surrounding circumstances, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner-Yogendra K. @ Yogesh shall be released on bail in connection with Crime No.99/2019 of Jayanagar Police Station, Bengaluru City, for the offence punishable under Sections 376 of IPC and Section 5 & 6 of the POCSO Act, now pending before the Court of LIII Addl. City Civil Judge at Bengaluru, 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 two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE