Karnataka High Court
Shri Sanjay S/O Shivaji Mane vs The State Of Karnataka on 9 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103811 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103811 OF 2022 (439-)
BETWEEN:
SHRI SANJAY S/O SHIVAJI MANE
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O. JAKKARATTI, TQ. ATHANI,
DIST. BELAGAVI, PIN. 591232
...PETITIONER
(BY SRI. S M MUCHHANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE POLICE INSPECTOR ATHANI
TALUK. ATHANI, DIST. BELAGAVI, PIN. 591304
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA
AT. DHARWAD BENCH
PIN. 580011
2. SHRI SUNIL S/O VITHOBA GAYAKWAD
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. JAKKARATTI, TQ. ATHANI,
DIST. BELAGAVI
PIN. 591232
...RESPONDENTS
(SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
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CRL.P No. 103811 of 2022
R2 SERVED)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO THE PETITION FILED BY THIS PETITIONER MAY BE
ALLOWED AND THE PETITIONER/ACCUSED NO.1 MAY BE ENLARGED
ON BAIL BY IMPOSING REASONABLE CONDITIONS IN ATHANI P.S.
CRIME NO.252/2022 U/S 109, 344, 366(A), 354(D)(1), 376(1),
376(2)(n) OF IPC AND 4, 5(L), 6 AND 17 OF POCSO ACT AND
SECTION 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT,
PENDING TRIAL IN SPL.CASE NO.259/2022 ON THE FILE OF
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, BELAGAVI.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the accused No.1 under Section 439 of Cr.P.C., seeking bail in Crime No.252/2022 of Athani Police Station for the offences punishable under Sections 109, 344, 366A, 354D(1), 376(1), 376(2)(n) of IPC and Sections 4, 5(l), 6 and 17 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, pending in Special Case No.259/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi.
2. The case of the prosecution is that, the father of the victim-girl has filed complaint stating that, her daughter victim-girl is aged 17 years and he has received a phone call from his elder daughter informing that, the -3- CRL.P No. 103811 of 2022 petitioner has kidnapped his minor daughter victim-girl and he searched for her and she was not traced and he filed complaint alleging that this petitioner has kidnapped his daughter with an intention to commit sexual offence on her. The said complaint came to be registered in Crime No.252/2022 at Athani Police Station for the offences punishable under Section 363 of IPC and Section 12 of POCSO Act. During the investigation, the police traced the victim-girl on 23.08.2022 and recorded her statement, wherein, she has stated that, accused used to tell her that he is loving her and he has proposed her and she used to talk with him on phone and this came to the knowledge of her parents and they have taken her mobile and advised her. That on 22.07.2022 the petitioner took the victim-girl on his motorcycle, went to Pandarapur and stayed in Mahamadabad village for three days and subsequently he took her to Kirloskarwadi and stayed in a rented house. That on 26.07.2022 he took her to Dattamandir and he married her by exchanging garlands and took the photographs. On 23.08.2022, the police traced him and -4- CRL.P No. 103811 of 2022 brought him to police station and he was arrested on 25.08.2022. After completing the investigation, the police filed charge-sheet against the petitioner and others for the offences punishable under Sections 109, 344, 366A, 354D(1), 376(2)(n) of IPC and Sections 4, 5(l), 6 and 17 of POCSO Act and Sections 9 & 10 of Prohibition of Child Marriage Act. The petitioner filed Criminal Misc. No.1533/2022 seeking bail and the same came to be rejected by the Addl. District and Sessions Judge, FTSC-I, Belagavi, by order dated 21.11.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State.
4. Respondent No.2 was physically present before the Court on the earlier date of hearing and prayed not to grant bail to the petitioner.
5. Learned counsel for the petitioner would contend that, the victim-girl is aged 16 years and on -5- CRL.P No. 103811 of 2022 perusal of her statement recorded by the police and recorded under Section 164 of Cr.P.C., it reveals that, she is having love affair with this petitioner. There is no mention of sexual intercourse in her statement recorded under Section 164 of Cr.P.C. The Doctor who examined the victim-girl has noted that, her hymen is intact. As per the charge-sheet, the petitioner has married the victim- girl, itself shows that he has no any criminal intention to commit any offence on the victim-girl. As the charge-sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.
6. Per contra, learned HCGP would contend that, the victim-girl is aged 17 years and her date of birth as per the School record is 04.04.2006. The statement of the victim-girl has been recorded by the police and also under Section 164 of Cr.P.C. On perusal of the charge-sheet material, there is a prima-facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.
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7. Having regard to the submissions made by the learned counsel for the petitioner and the learned HCGP, this Court has gone through the charge-sheet records.
8. The date of birth of the victim-girl as per her school record is 04.04.2006 and she is aged 16 years 3 months as on the date of the alleged offence. The statement of the victim-girl recorded by the police reveals that, she is having love affair with this petitioner and she eloped with the petitioner and went and stayed along with him till 23.08.2022 and this petitioner married her on 26.07.2022 in a temple by exchanging garlands. There is no allegation of any sexual intercourse in the statement of the victim-girl recorded under Section 164 of Cr.P.C. The Doctor who examined the victim-girl has stated that, her hymen is intact. The victim-girl is of the age of understanding the consequences of her acts. As the charge-sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is aged 24 years. If he is kept in the prison, he will came in contact with hardcore criminals. The main apprehension of the -7- CRL.P No. 103811 of 2022 prosecution is that, if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses. The said objection can be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.252/2022 of Athani Police Station subject to the following conditions:
i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
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ii) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused No.1 shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE SVH List No.: 2 Sl No.: 16