Karnataka High Court
Saleem S/O. Abdulsab Ganjihal vs The State Of Karnataka on 20 June, 2018
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
CRL.P.No.100916/2018
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.100916/2018
BETWEEN:
SALEEM S/O. ABDULSAB GANJIHAL
AGE:20 YEARS, OCC:MECHANIC WORK,
R/O. SECTOR NO.3, NAVANAGAR,
BAGALKOT.
... PETITIONER
(BY SRI. P N HOSAMANE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY PSI NAVANAGAR,
REPRESENTED BY SPP HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
---
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO RELEASE THE PETITIONER ON BAIL IN
SPL.C.NO.11/2018 (NAVANAGAR P.S.CR.NO.169/2017) PENDING
BEFORE II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354, 354(A),
376, 511, 506 R/W 34 OF IPC AND UNDER SECTIONS 8, 10, 12 AND
18 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT, 2012 (POCSO).
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
CRL.P.No.100916/2018
:2:
ORDER
The petitioner has filed this petition under Section 439 of Cr.P.C. seeking his enlargement on bail in S.C.No.11/2018 (Navanagar Police Station Crime No.169/2017) for the offences punishable under Sections 354, 354(A), 376, 511, 506 R/w. Section 34 of the IPC and Sections 8, 10, 12 and 18 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short).
2. The summary of the case of the prosecution as could be gathered from the charge sheet materials placed before this Court is that, since about four months prior to the date 28.10.2017, the present accused joined by a juvenile delinquent, with a view to satisfy their sexual urges, used to lure three minor victim girls aged below 10 years of age who were studying in the 2nd standard of schooling, with eatables like chocolates, Kurkure, scented supari pouches when those girls used to go to play to the ground near the school. By attracting them with the luring CRL.P.No.100916/2018 :3: of eatables, both the accused used to take them to an isolated place in the premises and to sexually harass them by various sexual acts including kissing them on all the parts of their body touching different organs of their body, impressing them and removing their under garments etc. In one such instances, on 28.10.2017, at about 4.30 pm, at the notice of the accused running away from the place by one lady Smt. Yankavva, the incident came to light. At the specific enquiry by the said lady and the parents of the alleged victim girl, the victim girls revealed the sexual harassment, to which they were subjected to since four months. This made one of the mothers of the victim girls to lodged a complaint against the accused.
Registering the said complaint in Special Crime No.169/2017, the complainant-police conducted investigation and ultimately filed the charge sheet against the accused for the offences punishable under Sections 364, 354(A), 376, 511, 506 R/w. Section 34 of the IPC. CRL.P.No.100916/2018 :4:
3. It is the argument of the learned counsel for the petitioner that, the entire case is a concocted story for some ulterior motive from the side of the complainant. The alleged statements of the victim girls under Section 164 Cr.P.C. is a tutored one, as such, it does not carry any weightage. The medical reports of the victim girls also do not show any external injuries or give any opinion of the victim girls being subjected to any sexual assault. Further stating that the accused is of young age and his future must not be spoiled and that charge sheet has already been filed, he prays for enlarging the accused on bail.
4. Learned HCGP appearing for the respondent - State, who has filed his statement of objections, submits that the alleged offences are very heinous sexual act against three minor girls aged below ten years. As such, prima facie the statements made by those victims themselves are sufficient to show that the alleged incident has taken place as narrated by the victim girls. In such a scenario, merely because medical documents does not say CRL.P.No.100916/2018 :5: about any external injuries would not entitle the accused to be enlarged on bail.
5. In this case, the alleged victim girls are said to be three in number, who are all said to be aged below ten years of age and studying in 2nd standard of their schooling. The charge sheet paper shows that the present petitioner joined by a juvenile delinquent used to approach them in the school premises and luring them with attractive eatables and with the said pretext, used to take them to isolated places in the vicinity and sexually harass them. The charge sheet papers further reveals that, since the victim girls were put under threat by the accused, they did not reveal the incident for few months at home, but when the accused were noticed by a resident in the locality in a suspicious place, which according to the prosecution is at the time of commission of the alleged offence by the accused, the entire incident came to light. CRL.P.No.100916/2018 :6:
6. It is in that scenario, when we look at the medical examination report of the victim girl, merely because it says that no injuries were found around the genital area and hymn was said to be intact, by that itself it cannot be inferred that no alleged incident has taken place. It is not even the case of the prosecution as could be gathered at this stage that any actual penetration of the private part of the accused was made in the incident. But the heinous sexual harassment and assault is said to have been committed by them. In that circumstance of the case, considering the nature of the alleged offence and the gravity of the case, and also keeping the health of the society, I am of the view that merely because the charge sheet is said to have been filed, the petitioner/accused does not deserve to be enlarged on bail.
Accordingly, the petition stands rejected as devoid of merits.
Sd/-
JUDGE gab