Karnataka High Court
M Shoel vs The State Of Karnataka on 23 October, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.A. PATIL
CRIMINAL PETITION NO.5822/2018
BETWEEN:
M.Shoel,
Son of Ismail,
Aged about 19 years,
Resident near Railway station,
Janatha Colony,
Mavalli-1, Murudeshwar,
Udupi District-581 350. ...Petitioner
(By Sri. Harish Ganapathy, Advocate)
AND:
The State of Karnataka,
Represented by
Manipal Police Station,
Udupi District-574104
Represented by
Public Prosecutor
High Court of Karnataka-560001. ...Respondent
(By Sri. K.P.Yoganna, HCGP)
This Criminal Petition is filed under section 439 of
Cr.P.C praying that this Hon'ble Court may be pleased to
enlarge the petitioner on bail in Cr.No.101/2017 of
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Manipal Police Station, Udupi District for the offence
punishable under Section 376(D) of IPC and Section 5(G),
5(i) and Sec.6 of POCSO Act and etc.,
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the petitioner- accused No.2 under Section 439 of Cr.P.C to release the petitioner-accused on bail in Crime No.101/2017 of Manipal Police Station, Udupi for the offence punishable under Section 376D of IPC and also under Sections 5(G), 5(i) of Protection of Children from Sexual Offences Act, 2012.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader.
3. The gist of the complaint is that on 29.06.2017 at about 10:00 a.m., accused Nos.1 and 2 together took the victim to a cinema theatre and later they took the victim to the lodge at Manipal and there they had sexually 3 assaulted her and on the next day, she left the room without informing them and went to her house and disclosed the alleged incident to her mother. On the basis of the same, mother lodged a complaint and a case was registered.
4. It is the contention of the learned counsel for the petitioner-accused No.2 that except the oral testimony of the victim, there is no other material to show that the petitioner-accused is involved in the alleged crime. He further submitted that the statement of the victim clearly goes to show that she herself went along with accused Nos.1 and 2. They went to movie together and thereafter, they consumed beer and later, they had taken fried rice together and thereafter, the alleged incident is said to have taken place. The circumstances under which the alleged incident has been taken place clearly goes to show that there is no force as such and he also further submitted that the victim and accused No.1 were in love with each other. In that light, he also further submitted that the 4 medical evidence and opinion are contradictory to the statement given by the victim. Already the investigation has been completed and charge-sheet has been filed. The petitioner-accused is a student and the alleged allegations are to be tried only at the time of trial. By imposing reasonable conditions, the petitioner-accused may be released on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the statement of the victim under Sections 161 and 164 of Cr.P.C clearly indicates the fact that it is the petitioner- accused as well as accused No.1 who have sexually assaulted the victim, who is a minor girl. He further submitted that the medical evidence and the FSL Report also corroborate the statement of the victim girl. He further submitted that prima facie there is material to show that the petitioner-accused along with accused No.1 have sexually assaulted the victim. There are no good 5 grounds to release the petitioner-accused on bail. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other material which have been produced along with the petition.
7. By going through the contents of the complaint and the statement of the victim, it indicates that it is accused Nos.1 and 2, who took the victim girl to the Big Boss lodge, room No.204 and there they have sexually assaulted the victim girl. Even the statement which has been recorded under Section 164 of Cr.P.C also indicates that she has stuck to the contents of the complaint. Even the medical evidence which has been produced clearly goes to show that the victim girl has been sexually assaulted. The FSL Report produced indicates that there is possibility of sexual intercourse and even the presence of seminal stains were detected in Article Nos. B, HA and NB. All these materials are against the petitioner-accused. 6 In that light, petitioner has not made out any good grounds to release the petitioner-accused on bail.
Hence, the criminal petition being devoid of merits, the same is liable to be dismissed and accordingly, it is dismissed.
Sd/-
JUDGE RB