Karnataka High Court
Anil Kumar H S vs State Of Karnataka on 12 July, 2023
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
-1-
CRL.P No. 1600 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 1600 OF 2023
BETWEEN
ANIL KUMAR H S
S/O SHIVANNA @ SHIVAGOWDA
AGED ABOUT 36 YEARS,
R/A C/O: AMUDU'S RENTED HOUSE,
6TH CROSS, 2ND MAIN,
MUNESHWARA LAYOUT,
LAGGERE, BENGALURU-560058.
...PETITIONER
(BY SRI. MATHEW P, ADVOCATE)
AND
1. STATE OF KARNATAKA BY
NANDINI LAYOUT POLICE STATION
BENGALURU-560096.
REPRESENTED BY HCGP
BENGALURU-560001.
2. SMT. SUNANDA
W/O ANAND
AGED ABOUT 35 YEARS,
RESIDING AT NO.42,
6TH CROSS, 2ND MAIN,
MUNESHWARA LAYOUT,
LAGGERE, BENGALURU-560058.
...RESPONDENTS
(BY SRI. SHANKAR H.S. HCGP FOR R1;
R2-NOTICE SERVED)
THIS CRL.P IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE
SPL.C.C.NO.816/2022 PENDING BEFORE THE HONBLE FTSC II,
BENGALURU FOR THE OFFENCE P/U/S.376 OF IPC AND SEC.4,6,8 OF
POCSO ACT BY IMPOSING ANY TERMS AND CONDITIONS THAT THIS
HON'BLE COURT DEEMS FITS.
-2-
CRL.P No. 1600 OF 2023
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
07.07.2023, COMING ON FOR PRONOUNCEMENT, THIS DAY COURT
PASSED THE FOLLOWING:
ORDER
This petition is filed by petitioner-accused under Section 439 of Cr.P.C. seeking regular bail in Nandini Layout P.S. Crime No.14/2022 registered in Special CC no.816/2022 on the file of Additional City Civil Judge and Sessions Judge, Bangalore for the offences punishable under Sections 376 of IPC and Section 4, 6 and 8 of POCSO Act.
2. The brief factual matrix leading to the case are that the complainant along with the victim girl is residing in Laggere layout and the petitioner is her neighbour. It is the further case of the prosecution that the husband and another daughter of the complainant are residing in Basavanahlli, Pavgad taluk and the husband of the complainant i.e. CW8 occasionally used to visit the complainant. The complainant was working in the garment factory. It is alleged that on 22.01.2022 around 7.00 pm, when the mother of the victim-complainant came to her -3- CRL.P No. 1600 OF 2023 house, she found that petitioner was lying on the victim naked and attempting to insert his penis in to the vegina of the victim and when she cried, petitioner ran out of the house in a nude position. The neighbors gathered and subsequently, he was also brought by the neighbour and complainant has lodged complaint in this regard. The allegation of the prosecution also disclose that around about 6.30 pm, when the victim alone was in the house, the petitioner under the guise of getting water, got entry in the house and there he stripped the clothes of the victim and licked her body and inserted his finger in her vegina and also tired to insert his penis which was noticed by complainant and petitioner was subsequently caught hold by the neighbours and complaint came to be lodged. On the basis of the complaint, the victim as well as the petitioner were subjected to medical examination and the Investigating Officer has also recorded the statement of the witnesses. After conclusion of the investigation, he has submitted a charge sheet against the petitioner - accused for the aforesaid offences. The petitioner had approached the learned Sessions Judge and the learned -4- CRL.P No. 1600 OF 2023 Sessions Judge has rejected the bail petition. Hence, he is before this Court.
3. Heard the arguments advanced by the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. Perused the records.
4. The learned counsel for the petitioner would contend that as per the case of the prosecution the petitioner got access in the house of the victim who was aged about 7 years and licked her body and inserted his penis. But, the medical evidence disclose that no injury was found on the victim girl and FSL report also disclose negative for other aspects. He would also contend that there are certain financial disputes between the accused- petitioner and the mother of the victim and major portion of the trial is concluded. He would also contend that clothes were not seized and the petitioner is in custody for last one and half years and his presence is not required for any further investigation. Hence, he would contend that the petitioner may be granted regular bail. -5-
CRL.P No. 1600 OF 2023
5. Per contra, the learned HCGP would seriously oppose the bail petition contending that the trial is in progress and the victim and other witnesses are already supported the case of the prosecution. He would contend that evidence discloses that the accused was in an attempt to insert his penis in the vegina of the victim girl who was hardly aged about 7 years and this brutal on the part of the petitioner cannot be looked in a casual way and since the trial is in progress, if the petitioner is enlarged on bail, there is every possibility of he tampering the prosecution witnesses and jumping on bail. Hence, he would seek for rejection of the petition.
6. Having heard the arguments and perusing the records, it is evident from the records that the alleged incident has taken place on 22.01.2023. FIR was registered immediately and the allegations disclose that the accused-petitioner got entered the house of the victim while she was alone under the guise of getting a water and thereafter, undressed the victim as well as undressed himself and licked the entire body of the child. The allegation further disclose that he put his finger in the -6- CRL.P No. 1600 OF 2023 vegina and also attempted to insert his penis there when the complainant suddenly entered and hence, petitioner ran out of the house.
7. Admittedly, the allegation are very serious in nature. No doubt no injures were found on the body of the victim girl, but, the allegations are licking the body of the victim child and further inserting his finger. No sperm was detected on her body, but, it is not the case of the prosecution that there is any a penetration and ejaculation. The only allegation is regarding attempting to insert the penis and there is already an attempt. Before the act was given into effect, the mother of the victim, i.e. the complainant entered into the house. Under such circumstances, the arguments on the part of the learned counsel for the petitioner that since there are no injuries on the body of the victim girl, the entire story of the prosecution cannot be thrown out at this juncture as admittedly there is no penetration. Further, while there was an attempt for the offence which has taken place, non seizure of the clothes and other things have no relevancy at this stage.
-7-
CRL.P No. 1600 OF 2023
8. Apart from that, the trial is in progress. The documents produced by the petitioner itself disclose that the victim has fully supported the case of the prosecution. Even on perusal of the cross examination, there is no denial of the case of the prosecution in the cross examination. Further, since the matter is at the stage of the trial and victim having supported the case of the prosecution, merely on the basis of medical evidence, the petitioner cannot be let free as there is every possibility of tampering the prosecution witnesses and jumping on bail. Further, the offence alleged is serious in nature. Apart from that, before this Court it is argued that there was certain financial transactions between the mother of the victim and accused. But, before the trial Court, a defence was set up that they were in enimical terms. In case they were in enimical terms, question of financial transactions between them does not arise at all.
9. Considering the nature and gravity of the of the offence, this is not a fit case to exercise any discretion at this juncture. As such, the petition being devoid of any -8- CRL.P No. 1600 OF 2023 merits, does not survive for consideration. Accordingly, I, proceed to pass the following:
ORDER The petition is dismissed.
Sd/-
JUDGE Vmb