Karnataka High Court
Shri. Nagappa Alias Nagaraj S/O ... vs The State Of Karnataka on 3 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No.102913 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102913 OF 2022
BETWEEN:
SHRI. NAGAPPA ALIAS NAGARAJ
S/O YALLAPPA ANDANASHETTY
AGE. 21 YEARS, OCCUPATION COOLIE,
R/O. DODAWAD, TQ. BAILHONGAL,
DISTRICT BELAGAVI 591240
...PETITIONER
(BY SRI. S M MUCHHANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE POLICE INSPECTOR
DODAWAD POLICE STATION
TALUK BAILHONGAL
DISTRICT BELAGAVI PIN 591240
REPRESENTED BY
ITS STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
AT. DHARWAD BENCH PIN 580011
2. MAHADEVI W/O IRAPPA INGALAGI
AGE. 31 YEARS,
OCCUPATION COOLIE
R/O. VIDYANAGAR DODAWAD
TALUK BAILHONGAL
DISTRICT BELAGAVI 591240
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR RESPONDENT NO.1.
RESPONDENT NO.2 SERVED.)
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CRL.P No.102913 of 2022
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.
SEEKING THE PETITION MAY BE ALLOWED AND THE
PETITIONER/ACCUSED MAY BE ENLARGED ON REGULAR BAIL IN
DODAWAD P.S. CR.NO.44/2022 U/S 366(A), 376(2)(N), 506 OF
IPC AND SECTION 4 AND 6 OF POCSO ACT, PENDING TRIAL IN
SPL.CASE NO.173/2022 PENDING ON THE FILE OF ADDITIONAL
DISTRICT AND SESSIONS FTSC-I, BELAGAVI.
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 Doddawad Police Station Crime No.44/2022 registered for the offences punishable under Sections 366A, 376(2)(n) and 506 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) pending in Special Case No.173/2022 on the file of the learned Additional District and Sessions Judge, FTSC-1, Belagavi.
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2. The case of the prosecution is that, the mother of the victim girl has filed the complaint stating that her daughter/victim girl, aged 15 years, studied upto 8th standard and she knows the petitioner/accused who is residing in the same locality. It is stated that, the victim girl used to go to Atmanand Ashram since 1 month and on 10.05.2022, the victim girl had severe stomach ache and she consumed poison and she was omitting, therefore, she was shifted to Doddawad Hospital and later took to KIMS Hospital, Hubballi. The Doctor who were treating her told the complainant that the victim girl was pregnant. The complainant enquired and the victim girl told her that the petitioner/accused used to talk to her and told her that he is loving her and he wants to marry her and committed sexual intercourse on her on 06.04.2022 and he, thereafter, had forceful sexual intercourse on her for 4 more days till 10.04.2022 and he has threatened not to inform the same to anyone. The -4- CRL.P No.102913 of 2022 said complaint came to be registered in Crime No.44/2022 of Doddawad Police Station for the offences punishable under Sections 366A, 376 and 506 of IPC and Sections 4 and 6 of POCSO Act. The petitioner came to be arrested on 25.05.2022 and he is in judicial custody. The police after investigation filed charge sheet against the petitioner and the case is pending in Spl.Case No.173/2022 on the file of the leaned Additional District and Sessions Judge, FTSC-1, Belagavi. The petitioner filed Criminal Miscellaneous No.1292/2022 seeking bail and the same came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Belagavi, by order dated 19.09.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent No.1- State. Respondent No.2 on the previous date had -5- CRL.P No.102913 of 2022 appeared physically before the Court and prayed not to grant bail to the petitioner.
4. Learned counsel for the petitioner would contend that the alleged incident occurred on 06.04.2022 and the compliant came to be filed on 22.05.2022 and there is a delay in filing the complaint. It is his further submission that the alleged spot mahazar is in the hilly bushy area. It is his further submission that the doctor who examined the victim girl has noted that there are no external injuries and her hymen is torn. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. As charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is aged 21 years and if he is kept in prison, he will come in contact with hardcore criminals. The victim girl is aged about 14 years 11 months as on the date of the alleged offence and she -6- CRL.P No.102913 of 2022 is knowing the consequences of her acts. It is his further submission that the victim girl, after 06.04.2022, again going with the petitioner for 4 more days itself shows that the victim girl had an affair with this petitioner. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the accusation against this petitioner is that, he by threatening the victim had forceful sexual intercourse on her on 06.04.2022 and continued the same for 4 more days till 10.04.2022. The Doctor who examined the victim girl has noted that her hymen is torn and opined that the victim was pregnant, which fact itself suggests forceful sexual intercourse on the victim girl has taken place. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein she has stated the forceful act by this petitioner. The date of birth of the victim girl as per her school records is 07.07.2007 and she was aged -7- CRL.P No.102913 of 2022 14 years 11 months as on the date of the alleged offence. Blood samples of the victim and the accused are collected and is sent for DNA test and report is awaited. The voluntary statement of this petitioner/accused has already been recorded where he has admitted his alleged act. Charge sheet material shows prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject 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 alleged incident occurred from 06.04.2022 till 10.04.2022. The accusation against this petitioner is that he took the victim girl on 06.04.2022 and had forceful sexual intercourse on her on that day and subsequently also, he had sexual intercourse on the victim girl till 10.04.2022 -8- CRL.P No.102913 of 2022 in the same place. The victim girl consumed poison on 10.05.2022 and she was taken to hospital and thereafter on examination, the Doctor told that the victim girl was pregnant. There was abortion of the victim girl on the same day i.e. on 10.05.2022. The victim girl revealed the acts of this petitioner to her mother but the complaint came to be filed on 22.05.2022. There is no explanation forthcoming in the complaint regarding the cause for the delay. The date of birth of the victim girl is 07.07.2007 as per her school records and she was aged 14 years 11 months. The victim girl in her statement recorded under Section 164 of Cr.P.C. has stated that the petitioner was loving her. The victim girl is of the age of understanding the consequences of her acts. As charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is aged 21 years and if he is kept in prison, he will come in contact with hardcore criminals. -9- CRL.P No.102913 of 2022
8. The main apprehension of the prosecution is that, if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses, can be met with by imposing stringent conditions.
9. 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.44/2022 of Doddawad Police Station pending in Special Case No.173/2022 on the file of the learned Additional District and Sessions Judge, FTSC-1, Belagavi, subject to the following conditions:
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i) The petitioner/accused shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner/accused shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
iv) The petitioner shall not enter Doddawad village of Bailhongal taluk, Belagavi district and he shall not contact the victim girl either physically or through phone till disposal off the case registered against him.
Sd/-
JUDGE kmv