Karnataka High Court
Keshava S/O Channabasappa Asundi vs The State Of Karnataka on 19 July, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19 T H DAY OF JULY 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No.101252/2021
BETWEEN:
KESHAVA S/O CHA NNABASAPPA ASUNDI
AGE 35 YEARS , OCC COOLIE,
R/O PAMPA NA GA, ANNIGERI,
TQ ANNIGERI , DIST DHARWAD-582201.
...PETITIONER
(BY SRI.VASANT .G.HOLEYANNAVAR, ADVOCATE)
AND
THE STATE OF KARNATAKA
REPT BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, DHARWAD,
P.I . D HARWAD W OMEN POLICE STATI ON,
DHARWAD-580008.
... RES PONDENT
(BY SRI. RAMESH CHIGARI , HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING TO PLEASE T O ORDER RELEASE OF
THE PETITIONER / ACCUSED ON BAIL IN SPECIA L
S.C.NO.35/ 2020 (i.e ., D HARWAD WOMEN POLICE
STATION CRIME N O.24/ 2020 PENDI NG ON THE FILE OF
II ADDL. DISTRICT AND SESSIONS AND SPL. JUD GE,
DHARWAD FOR THE OFF ENCE PUNISHABLE UNDER
SECTIONS 363, 366, 376 OF IPC AND SECTION 6 OF
POCS O ACT, 2012.
2
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.24/2020 of Dharwad Women Police Station, registered for the offences punishable under Sections 363, 366, 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity).
2. It is the case of the prosecution that one Ningavva has filed the complaint stating that on 09.03.2020 she and her husband went 3 to their work and their two children went to school and their daughter victim girl was alone in the house. When they returned home in the evening, her two children were in the house, but the victim girl was not in the house. When she enquired other two children about the victim girl, they told that she had been to the house of one Mahadevi Waddar to receive the wages at 7.00 p.m. Therefore, the complainant waited for her daughter till 9.00 p.m., but she did not return to house and therefore she searched for the victim girl everywhere in the village and also in the neighbouring villages, but she did not trace her. The complaint came to be registered in crime No.24/2020 for the aforesaid offences on 02.04.2020. During the investigation, the police traced the victim girl and petitioner 4 accused at Andhra Pradesh and brought them to police station. On enquiry, the victim girl informed that the accused come in contact with her for 2 to 3 years and told her that he loved her and he used to come to their house when there were nobody in the house and committed forcible sexual intercourse on her and she became pregnant and she informed the said fact to the petitioner-accused. Thereafter, the accused took the victim girl to Biniger village in Andhra Pradesh State by inducing her to marry her and they lived in a rented house and she gave birth to male child. The police after investigation have filed the charge sheet for the offences punishable under Sections 363, 366 and 376 of IPC and Section 6 of POCSO Act. The petitioner was arrested on 09.10.2020 and remanded to judicial custody. The 5 petitioner filed bail application Spl.C.No.35/2020 and the same came to be rejected by the II Addl. District & Sessions & Spl. Judge, Dharwad by order dated 25.02.2021. Therefore, the petitioner is before this Court seeking bail.
3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It is the contention of the learned counsel for the petitioner that the petitioner is innocent, he has not committed any offence as alleged and he has been falsely implicated in this case. The alleged incident has taken place on 09.03.2020 and the complaint came to be filed on 02.04.2020 and therefore there is delay in filing the complaint. The statement of 6 the victim girl has been recorded under Section 164 of Cr.P.C. and she has clearly stated that she is in love affair with the petitioner and she voluntarily went along with him and gave birth to male child. He contends that the victim girl is in Bala Mandir and therefore there is no chance of any tampering the prosecution witnesses. He contends that charge sheet has been filed and therefore the petitioner is not required for any custodial interrogation. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that the petitioner is aged 35 years and he is a married man having children. The offence alleged against the petitioner is serious offence, wherein due to the acts of this petitioner, the victim girl became pregnant and subsequently 7 gave birth to male child. The blood sample of the petitioner, male child and the victim girl have been collected and sent for DNA test and the test report is awaited. He contends that there is a prima facie case against the petitioner for the offences alleged, if, the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
7. The date of birth of the victim girl is 05.03.2003 and she is aged 17 years as on the date of the alleged offences. The incident has 8 taken place on 09.03.2020 and the complaint came to be filed on 02.04.2020 and there is delay in filing the complaint. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. and she has stated that she was in love affair with the petitioner and she voluntarily went along with him and she became pregnant and she gave birth to a male child and the petitioner accused has not forced for anything in any way. The victim girl is at the age of understanding the consequences of her acts. Who is the biological father of the child born to the victim girl has to be ascertained only after receipt of the DNA test report. The charge sheet has been filed and therefore the petitioner is not required for any custodial interrogation. There are no criminal antecedents of the petitioner. The main 9 objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner-accused shall be released on bail in Crime No.24/2020 of Dharwad Women Police Station subject to the following conditions: 10
i) The petitioner shall execute a 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 attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE RM