Karnataka High Court
Raju S/O Hanamant Waddar vs State Of Karnataka on 8 April, 2024
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NC: 2024:KHC-D:6278
CRL.P No. 100199 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.100199 OF 2024
BETWEEN:
RAJU S/O HANAMANT WADDAR
AGE 25 YEARS, OCC. DRIVER
R/O CHINCHEWADI VILLAGE, TQ. KHANAPUR,
DIST. BELAGAVI - 591301
...PETITIONER
(BY SRI. RAM P. GHORPADE, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
KHANAPUR POLICE STATION
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
DHARWAD - 11
Digitally 2. JIJA W/O TUKARAM SUTAR
signed by AGE 46 YEARS, OCC. HOUSE WORK,
REKHA R R/O SHIVATHAN VILLAGE, TQ. KHANAPUR,
Location: DIST. BELAGAVI - 591 301
High Court of NATURAL GUARDIAN MOTHER
Karnataka
3. MAHILA SANTWANA KENDRA
R/O.1008, BHARAT COLONY,
MAHANTESH NAGAR,
DIST. BELAGAVI - 590 016.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1;
R2 & R3 ARE SERVED)
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NC: 2024:KHC-D:6278
CRL.P No. 100199 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER ON BAIL
WHO IS ACCUSED IN KHANAPUR P.S. CRIME NO.231/2022 ON
THE FILE OF KHANAPUR POLICE STATION, DIST, BELAGAVI,
FOR THE ALLEGED OFFENCES UNDER SECTIONS 366(A), 376
(2)(N) OF IPC AND SECTION 4 AND 6 OF POCSO ACT 2012, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who is the sole accused has filed this petition under Section 439 Cr.P.C. to release him on bail in Crime No.231/2022 of Khanapur Police Station for the offences p/u/s 366-A, 376(2)(n) IPC and Sec.4 and 6 of POCSO Act, 2012,
2. In support of his petition, petitioner has contended that he is innocent of the offences alleged. He has not committed the alleged offences and that he has been falsely implicated. Even if the entire allegations made in the complaint and the other prosecution material are taken into consideration on its face value, the same do not -3- NC: 2024:KHC-D:6278 CRL.P No. 100199 of 2024 disclose commission of any offence exclusively punishable with death or imprisonment for life. Petitioner is falsely implicated at the instance of his rivals only on suspicion. There is no material to connect the petitioner with the alleged crime. There is inordinate delay in filing the complaint. During the course of her statement under Section 164 Cr.P.C, the prosecutrix has stated that she loves accused and it was a case of consensual sex. Already investigation is completed and as such, the custodial presence of petitioner is not required. Petitioner is a permanent resident of the address given in the petition owning movable and immovable properties and there are no chances of he absconding. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial Court and prays to allow the petition.
3. In this case, the mother of prosecutrix is arraigned as respondent No.2 and the Mahila Santwana Kendra where the prosecutrix is kept is arraigned as respondent No.3.
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NC: 2024:KHC-D:6278 CRL.P No. 100199 of 2024
4. Despite due service of notice, respondent Nos.2 and 3 have not appeared.
5. Learned HCGP submitted oral objections stating that the date of birth of prosecutrix is 06.09.2006 and consequently as on the date of incident, she was a minor. On 22.11.2022, the brother of prosecutrix filed a missing complaint stating that prosecutrix is studying in first year PUC at Wagale College, Khanapur and used to commute daily from Shivathana. On 22.11.2022, she left home at 6.30 a.m. to go to college. However she did not return even after 6.00 p.m. Therefore, he along with his friends Pintu Shivaji Sutar and Yogish Sutar searched for her at Khanapur, Talewadi, Goa, Chinchewadi, Parishwad etc. Their relatives also informed that she has not come to their house. Consequently on 30.11.2022, he filed the missing complaint.
5.1 During investigation, the concerned police found the prosecutrix and accused at Gadag. They were subjected to medical examination. The statement of -5- NC: 2024:KHC-D:6278 CRL.P No. 100199 of 2024 prosecutrix reveal that she came to be acquainted with the accused while he was visiting her uncle's house with tractor and they fell in love with each other. While she was alone in the house, petitioner had sexual intercourse with her on several occasion. As a result, she missed her periods for 4 months and with the petitioner she went to the hospital and after examination, doctor informed her that she is pregnant. Petitioner advised her to undergo abortion, but she did not agree and told him that she would commit suicide. Therefore, on the advice of petitioner, she left her home on 22.11.2022 and along with petitioner they went to Gadag and stayed in a rented house. After coming to know that a missing complaint has been filed, she returned to request her family members to take back the complaint. The prosecutrix has given birth to a son and both of them are kept in Shruti Open Shelter for Children, Belagavi run by Sri Shivalingeshwar Education Society.
5.2 After completing investigation, chargesheet is filed against the petitioner for the offences p/u/s 366-A, -6- NC: 2024:KHC-D:6278 CRL.P No. 100199 of 2024 376(2)(n) IPC and Sec.4 and 6 of POCSO Act, 2012. Charge sheet makes out a strong prima facie case. The prosecutrix is still a minor. If released on bail, there is likelihood of petitioner threatening and tampering with the witnesses especially the prosecutrix. He may also abscond and thereby protract the proceedings and prays to dismiss the petition.
6. Heard arguments and perused the record.
7. As evident from the charge sheet, since few months prior to 22.11.2022, petitioner was having sexual intercourse with the prosecutrix in her house during the absence of other family members as a result of which she became pregnant. When he insisted the prosecutrix to undergo abortion, she did not agree and on the other hand, said that she will commit suicide and therefore both of them ran away and were staying in a rented house at Gadag. Noting the absence of prosecutrix, her brother filed missing complaint and ultimately they were secured by the concerned police.
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8. It is argued by the learned counsel for the petitioner that as per the Aadhaar card, the date of birth of prosecutrix is 06.09.2003 and as such she is a major. However the certificate issued by the Headmaster of Sri Ravalnath High School, Shivathana Khanapur where she studied state that her date of birth is 06.09.2006. Therefore, as on the date of incident, she was aged 16 years. While considering the bail petition, the case of the prosecution is to be taken into consideration. The Aadhaar card is prepared based on the information given by the parties which may not be authentic and as such, the same cannot be taken into consideration, especially in the presence of the certificate issued by the school authorities, which is based on information furnished at an undisputed point of time.
9. Having regard to the fact that the prosecutrix has given birth to a child, the concerned police have also collected the blood samples of the prosecutrix, accused and the child for DNA profiling and report is awaited. It appears since the parents of the prosecutrix are not ready -8- NC: 2024:KHC-D:6278 CRL.P No. 100199 of 2024 to take care of her and the child, she is kept in Shruti Open Shelter for Children, Belagavi run by Sri Shivalingeshwar Education Society. The charge sheet makes out a strong prima facie case against the petitioner. The prosecutrix is still a minor and having regard to the fact that her parents are not taking care of her, she is in a vulnerable situation and in the event of granting bail, there is possibility of threatening and tamper her. Though in her statement u/s.164 Cr.P.C. given before the Magistrate, she has indicated that it was a love affair, having regard to the fact that she is still minor, she cannot be left at the mercy of petitioner at least during her minority.
10. Already the bail petition filed by petitioner was rejected by this Court vide order dated 25.09.2023. Absolutely, there are no changed circumstances to reconsider the same. For these reasons, this Court is of the considered opinion that at this stage petitioner, is not entitled for bail and accordingly, the following: -9-
NC: 2024:KHC-D:6278 CRL.P No. 100199 of 2024 ORDER The petition filed under Section 439 Cr.P.C. is dismissed.
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JUDGE RR List No.: 19 Sl No.: 4