Karnataka High Court
Sunil B N vs State By K R Pet Town Police Station on 13 September, 2023
Author: S. Vishwajith Shetty
Bench: S. Vishwajith Shetty
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NC: 2023:KHC:33125
CRL.P No. 7528 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
CRIMINAL PETITION NO.7528 OF 2023
BETWEEN:
SUNIL B.N.
S/O NANJEGOWDA,
AGED ABOUT 30 YEARS,
R/AT BANDIHOLE VILLAGE,
KASABA HOBLI,
K.R.PETE TALUK,
MANDYA DISTRICT-571426.
...PETITIONER
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
AND:
1. STATE BY K R PET TOWN POLICE STATION
MANDYA DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
Digitally signed by BENGALURU - 560 001.
CHAYA S A
Location: High
Court of Karnataka
2. RAVI L.R.
S/O LATE RAMACHANDREGOWDA,
AGED ABOUT 38 YEARS,
R/AT LAKSHMIPURA VILLAGE,
KASABA HOBLI,
K.R.PETE TALUK,
MANDYA DISTRICT - 571 426.
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1-STATE;
VIDE ORDER DATED 08.09.2023 R2 SERVED)
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NC: 2023:KHC:33125
CRL.P No. 7528 of 2023
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.113/2023 REGISTERED BY K.R.PETE POLICE STATION,
MANDYA DISTRICT FOR THE OFFENCE P/U/S 363, 366, 354D,
376(2)(n) AND 114 R/W 34 OF IPC, SECTION 6, 12 AND 17 OF
POCSO ACT AND SECTION 9 AND 10 OF PROHIBITION OF
CHILD MARRIAGE ACT PENDING ON THE FILE OF ADDITIONAL
DISTRICT AND SESSIONS JUDGE, FTSC-II, MANDYA IN
SPL.C.(POCSO) NO.199/2023. ON SUCH TERMS AND
CONDITIONS DEEMS FIT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Accused in Spl. Case No.199/2023 pending before the Court of Addl. Dist. and Sessions Judge, FTSC - II at Mandya, arising out of Crime No.113/2023, registered by K.R. Pete Town Police Station, Mandya for the offences punishable under Sections 363, 366, 354D, 376(2)(n), 114, 34 of the Indian Penal Code, Sections 6, 12, 17 of the Protection of Children from Sexual Offences Act, 2012, and Sections 9, 10 of the -3- NC: 2023:KHC:33125 CRL.P No. 7528 of 2023 Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, is before this Court under Section 439 of Cr.P.C., seeking regular bail.
2. Heard learned counsel for the parties.
3. On the basis of the complaint dated 26.05.2023, lodged by one Sri. L.R. Ravi, father of the victim girl, K.R. Pete Town Police, Mandya had registered FIR in Crime No.113/2023 initially against the petitioner for the offence under Section 363 Cr.P.C. In the complaint, it is averred that complainant's eldest daughter who was a minor was studying in P.U.C., in his sister's house at K.R. Pete. On 26.05.2023, complainant's sister Smt. Sheela informed the complainant that his minor daughter was forcibly taken by the petitioner herein in a car bearing registration No. KA-13/M-5177. It is in this background, complainant had approached the police and lodged a complaint which had resulted in registering FIR in Crime No.113/2023.
4. During the course of investigation, the petitioner and victim girl were traced on 29.05.2023. The victim girl was brought back home and subjected to medical examination on 30.05.2023 and her statement under Section 164 Cr.P.C. was -4- NC: 2023:KHC:33125 CRL.P No. 7528 of 2023 recorded on 01.06.2023. Petitioner was arrested on 29.05.2023 on the ground of kidnapping the victim girl. Investigation in the case is complete and charge-sheet has been filed. Petitioner filed bail application before the Additional District and Sessions Judge, FTSC - II at Mandya, in Spl. Case No.199/2023 which was dismissed on 10.08.2023. Therefore, petitioner is before this Court.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the victim girl has not stated in her Section 164 Cr.P.C. statement that the petitioner had sexually assaulted her. He submits that the material on record would go to show that petitioner and the victim girl were in love with each other and accordingly, victim girl voluntarily accompanied the petitioner.
6. Per contra, learned High Court Government Pleader has opposed the bail petition.
7. As per the complaint averments, the petitioner had allegedly forcibly taken the victim girl in his car on 26.05.2023. The petitioner and victim girl were subsequently traced together outside Sri. Kotilingeshwara temple near Kolar on -5- NC: 2023:KHC:33125 CRL.P No. 7528 of 2023 29.05.2023. The victim girl was subjected to medical examination on 30.05.2023. The doctor has opined that there is no evidence of recent sexual intercourse. In her Section 164 Cr.P.C. statement, victim girl has stated that on 26.05.2023, petitioner had forcibly taken her in his car and thereafter they got married in a temple at Madapura. On the said date, they had stayed in petitioner's relative's house at Madapura and on next day, they had gone to Sri Yediyuru Siddalingeshwara Swamy Temple in petitioner's car. Subsequently, they went to Kambadahalli Village and stayed there for two days and thereafter, came to Bengaluru and stayed in the house of relative of victim's car driver and on the next day, they had visited Sri Kotilingeshwara Temple and when they came out of the temple, they were taken to custody by the police. Neither before the Trial Court nor during her Section 164 Cr.P.C. statement, the victim girl has made any allegation as against the petitioner relating to forcible sexual intercourse by him on her against her wishes. The material on record would prima facie go to show that victim girl had voluntarily accompanied the petitioner and had stayed with him at different places overnight and had visited various temples. The petitioner is in -6- NC: 2023:KHC:33125 CRL.P No. 7528 of 2023 custody since 29.05.2023. Investigation in the case is complete and charge-sheet has been filed. Under the circumstances, I am of the view that, petitioner has made out a prima facie case for grant of regular bail. Accordingly, I pass the following:
ORDER Criminal petition is allowed.
The petitioner-accused No.1 is directed to be enlarged on bail in Crime No.113/2023, registered by K.R. Pete Town Police Station, Mandya for the offences punishable under Sections 363, 366, 354D, 376(2)(n), 114, 34 of the Indian Penal Code, Sections 6, 12, 17 of the Protection of Children from Sexual Offences Act, 2012, and Sections 9, 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions:
1. Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;-7-
NC: 2023:KHC:33125 CRL.P No. 7528 of 2023
2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
4. The petitioner shall not involve in similar offences in future;
5. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
SD/-
JUDGE sac List No.: 1 Sl No.: 56