Karnataka High Court
Vittal S/O Ramu Dohipade vs The State Of Karnataka on 18 December, 2020
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF DECEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRL.P. NO.101509 OF 2020
BETWEEN:
VITTAL S/O RAMU DOHIPADE
AGE. 20 YEARS, OCC. COOLIE,
R/O. SHIRANAL, TQ. YELLAPUR,
DIST. UTTAR KANNADA 581 359
...PETITIONER
(BY SRI.VIJAY M.MALALI, ADV)
AND
THE STATE OF KARNATAKA
THROUGH YELLAPUR POLICE STATION
REP. BY SPP,
HIGH COURT OF KARNATAKA BENCH ,
DHARWAD 580011
... RESPONDENT
(BY SMT.SEEMA SHIVA NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., SEEKING TO GRANT REGULAR BAIL TO
PETITIONER/ACCUSED IN SPECIAL CASE NO.17/2020 ON THE
FILE OF THE ADDL.DIST. AND SESSION JUDGE-FAST TRACK
COURT-I, UTTARA KANNADA, KARWAR (SPECIAL COURT FOR
TRIAL CASES FILED UNDER POCSO ACT) FOR THE OFFENCES
P/U/S.4 5(L) AND 6 OF POCO ACT AND SEC.376, 506 OF IPC, IN
YALLAPUR P.S. CRIME NO.59/2020.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 439 of Cr.P.C., to enlarge the petitioner on regular bail in Crime No.59/2020 of Yellapur Police Station, Uttar Kannada.
2. On the complaint lodged by mother of the victim girl, the aforesaid case was registered against accused/petitioner. On completion of investigation, charge-sheet has been filed for offences punishable under Sections 4, 5(L), 6 of POCSO Act and Sections 376 and 506 of IPC.
3. Briefly stated the case of prosecution is that on 02.12.2019 at about 10.30 pm, accused/petitioner entered the room where the victim girl was sleeping in the house of the petitioner and committed penetrative sexual assault on her inspite of her resistance and thereafter he repeated the same for 3-4 times in the 1st and 2nd week of December, on account of which victim became pregnant and thereby the accused committed charge-sheeted offences.
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4. The learned counsel for petitioner submits that both the petitioner and victim are closely related to each other. There is inordinate delay in lodging the complaint. The petitioner was arrested on 18.03.2020 and he is languishing in judicial custody since then. Petitioner is a young boy aged about 22 years. He submits that petitioner is suffering from chronic renal decease and regularly undergoing dialysis. Hence, the further detention of the petitioner in judicial custody may lead to more complications and the same will deteriorate his health condition. He submits that there are no previous antecedents and the petitioner is ready and willing to abide by any reasonable conditions and accordingly seeks to allow the petition.
5. The learned HCGP on the other hand contends that the date of birth of the victim is 03.08.2003 and therefore she was a minor aged about 16 years 4 months at the time of incident. She submits that victim has become pregnant. Subsequently the pregnancy was terminated. Therefore, she seeks to reject the petition. 4
6. The material on record discloses that victim is the cousin of accused/petitioner. On 02.12.2019 she had been to the house of the accused and that day after dinner when she was sleeping in her room, at about 10.30 pm, accused went to the said room and against her will forcibly had penetrative sexual assault on her and thereafter till end of 2nd week of December repeated the offence 3 to 4 times and threatened her with dire consequences not to inform the incident to others. Subsequently, victim became pregnant and when the incident came to the knowledge of her mother, the complaint was lodged against petitioner.
7. The learned HCGP would submit that jail authorities are providing treatment to the accused/petitioner and the Government District Hospital, Karwar would provide him necessary treatment. Therefore she submits that on medical grounds petitioner is not entitled for the relief.
8. The medical report of the accused/petitioner has been made available. Perusal of the same, go to show 5 that the petitioner is suffering from chronic renal decease and he is on haemodialysis since 2 years. He has been advised to undergo haemodialysis.
9. Petitioner is in judicial custody since 18.03.2020. There is no bad antecedents against him Considering his age and also considering his ailment as per the reports submitted by the learned HCGP and since now investigation is completed and charge sheet has been filed and also considering that the statement of victim is already recorded under Section 164 of Cr.P.C, the petitioner can be released on bail by imposing suitable conditions. Accordingly, following:
ORDER a. Petition is allowed.
b. Petitioner/accused shall be released on bail in Crime No.59/2020 of Yallapur Police Station, now pending on the file of Additional District and Sessions Judge - FTSC-I, U.K, Karwar (Special Court for trial of cases 6 filed under POCSO Act) in Special Case No.17/2020, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs,50,000/- with two sureties for the likesum to the satisfaction of the learned Sessions Judge.
ii. Petitioner shall not put any threat or inducement to the victim and he shall not tamper with the prosecution witnesses in any manner.
iii. Petitioner shall not leave the jurisdiction of the trial Court, without prior permission. iv. Petitioner shall appear before the trial Court on all dates of hearing.
Sd/-
JUDGE lad