Karnataka High Court
Hanamanth @ Hanamanthraya S/O Basappa @ ... vs The State on 15 November, 2021
Author: H.P.Sandesh
Bench: H.P.Sandesh
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.201283/2021
BETWEEN:
HANMANTH @ HANMANTHRAYA
S/O BASAPPA @ BASAVARAJ HOSMANI
AGE: 21 YEARS, OCC: STUDENT
R/O BOMMANAHALLI (K), TQ: SURPUR
DIST: YADGIRI
... PETITIONER
(BY SRI SYED MASTAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SURPUR P.S.
DIST. YADGIRI
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107
... RESPONDENT
(BY SRI SHARANABASAPPA M.PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE
ACCUSED/PETITIONER ON BAIL IN CRIME NO.23/2020 OF
SURPUR POLICE STATION, DIST. YADGIRI PENDING BEFORE
THE SESSIONS JUDGE AT YADGIRI FOR THE OFFENCES
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PUNISHABLE UNDER SECTIONS 366A, 376(2)(i)(n), 506 OF IPC
AND UNDER SECTION 6 OF POCSO ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The complainant is notified through learned High Court Government Pleader.
2. This petition is filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No. 23/2020 of Surpur Police Station, Dist. Yadgiri pending before the Sessions Judge at Yadgiri for the offences punishable under sections 366A, 376(2)(i)(n), 506 of IPC and under section 6 of POCSO Act.
3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State.
4. The factual matrix of the case is that this petitioner took the victim girl who is aged about 14 years 3 to different places and kept her in a PG Room at Bangalore and committed sexual intercourse with her against her will. Hence, based on the complaint of the father of the victim girl, a case has been registered for the offences punishable under Sections 366A, 376(2)(i)(n), 506 of IPC and section 6 of the POCSO Act.
5. The learned counsel for the petitioner would submit that the contents of the complaint disclose that the victim girl was taken to different places and does not suggest the ingredient of section 366A of IPC and he is a student he has been in custody from last one and half year. He submits that investigation is completed and chargesheet has already been filed and there is no need of custodial trial. Hence, he may be enlarged on bail.
6. Per contra, learned High Court Government Pleader for the State would submit that school certificate discloses that she is aged about 14 years and the statement under section 164 of Cr.P.C., would disclose that she was confined in the PG room and subjected her 4 for sexual act repeatedly. It is a heinous offence against the victim girl who is aged about 14 years. Hence, it is not a fit case to exercise discretion in favour of petitioner.
7. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader no doubt, at the first instance, based on the complaint of the father of the victim only offence under section 366A is invoked and subsequently victim was subjected to examination before the learned Magistrate under section 164 of Cr.P.C., wherein she has categorically stated that she was subjected to sexual act causing threat to her life and the police after investigation also invoked offence under section 376(2)(i)(n) and also section 6 of POCSO Act. The Court while exercising power under section 439 has to look into the very object of bringing special enactment and even looking into the contents of the complaint, it is clear that threat was made to the victim and she was taken to different places and ultimately she was subjected to sexual act. Hence, there is a prima facie 5 material against this petitioner and merely because he is a student, cannot be a ground to release him on bail, when he has subjected a minor girl for sexual act and committed heinous offence. Hence, it is not a fit case to exercise power under section 439 of Cr.P.C.,
8. In view of the discussion made above, I pass the following:
ORDER The petition is dismissed.
Sd/-
JUDGE VNR