Karnataka High Court
Parasappa Alias Basya S/O Shekhappa ... vs The State Of Karnataka on 14 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102414 OF 2022
BETWEEN:
PARASAPPA ALIAS BASYA
S/O SHEKHAPPA NARASAPUR,
AGE: 18 YEARS, OCC: COOLIE,
R/O. KENCHANADONI TANDA,
TQ AND DIST: KOPPAL. PIN- 582114.
...PETITIONER
(BY SHRI ANAND R. KOLLI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY:
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD,
THROUGH PSI OF KOPPAL RURAL POLICE
STATION, KOPPAL, PIN-582114.
2. SHRI RAMESH S/O YAMANAPPA KARADIGUDDA,
AGE: 48 YEARS, OCC: COOLIE,
R/O. KENCHANADONI TANDA,
TQ AND DIST: KOPPAL, PIN-582114.
...RESPONDENTS
(BY SHRI PRASHANTH V.MOGALI., HCGP FOR R1;
SHRI SABEEL AHMED., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC.439 OF
CR.P.C, SEEKING TO ENLARGE THE PETITIONER/ACCUSED
NO.2 ON REGULAR BAIL IN CRIME NO.117/2022 OF KOPPAL
RURAL POLICE STATION REGISTERED FOR OFFENCES
PUNISHABLE U/SEC.376(2)(1), 302, 201, 114 OF IPC AND
U/SEC.4, 8 AND 12 OF 'POCSO' ACT, 2012, IN THE INTEREST
OF JUSTICE AND EQUITY.
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CRL.P No. 102414 of 2022
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.2 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking bail in Crime No.117/2022 of Koppal Rural Police Station registered for the offences punishable under Sections 376(2)(1), 302, 201, 114 of The Indian Penal Code, 1860 (hereinafter referred to as 'IPC', for brevity) and Section 4, 8 and 12 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the 'POCSO Act' for brevity)
2. The case of the prosecutions is that, one Ramesh S/o Yamanappa Karardigudda has lodged complaint stating that his daughter-victim girl is studying in 7 t h standard and she used to go to the house of one Kumari Deepa D/o Krishnappa. At -3- CRL.P No. 102414 of 2022 that time, uncle of Deepa i.e., accused No.1- Tirupathi used to talk with victim girl freely and petitioner-accused No.2 rudely acted with victim girl 2-3 times when she went to sugarcane land and in that regard, they were advised him not to do so. It is further stated that on 17.04.2022 at about 3:00 p.m, the victim girl went to the house of Kumari Deepa and at about 3:30 p.m, the complainant and others went to drink tea and at that time, so many persons gathered in the house of Krishnappa Jinnapur and by hearing hue and cry, all went there and accused Nos.1 and 2 took the body of victim girl and at that time, accused Nos.3, 4 and 5 told that she fell down by fits. The complainant saw the mark of 4.5 inches over the neck of victim girl. Therefore, he filed complaint which came to be registered in Crime No.117/2022 of Koppal Rural Police Station for the offences punishable under Sections 376, 302, 201 of IPC -4- CRL.P No. 102414 of 2022 and Sections 8, 4 and 12 of POCSO Act. The investigating officer after investigation, filed charge-sheet against accused Nos.1 to 5. The petitioner is arrayed as accused No.2 and he has been arrested on 19.04.2022 and he is in judicial custody. The petitioner-accused No.2 had filed bail application in Spl.SC.POCSO No.34/2022 and the same came to be rejected by the learned Addl. District and Sessions Judge, FTSC-1, Koppal vide order dated 03.08.2022. Therefore, the petitioner- accused No.2 is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner, learned High Court Government Pleader for the respondent No.1-State and the learned counsel appearing for respondent No.2.
4. Learned counsel for the petitioner would contend that, there are no serious allegations -5- CRL.P No. 102414 of 2022 against the petitioner-accused No.2 except he standing near the backdoor and facilitated accused No.1 in making attempt to have sexual intercourse with the deceased. It is his further submission that even though CWs.7 to 9 and 17 are cited as eye witnesses, they have not stated anything against this petitioner-accused No.2's role in commission of sexual assault and murder of the victim girl. The doctor, who conducted post mortem examination over the dead body of the deceased kept opinion pending as to cause of death of deceased for want of histopathological report and RFSL report. It is his further submission that on perusal of accusation made in the charge-sheet, the offence alleged against this petitioner-accused No.2 is under Sections 201 and 114 of IPC and Section 8 and 12 of POCSO Act. The said offences are not punishable with death or imprisonment for life. The petitioner is in judicial custody since 19.04.2022 -6- CRL.P No. 102414 of 2022 and as the charge-sheet is filed, he is not required for custodial interrogation. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contends that, the voluntary statement of accused No.2 itself goes to show that he by standing near the back door has facilitated accused No.1 to commit sexual intercourse and thereafter, he told falsely with others that victim girl fell down with fits. CWs.7 to 9 have stated that earlier this petitioner-accused No.2 misbehaved with the victim girl when she came for work in sugarcane harvest. It is his further submission that on perusal of the charge-sheet material there is a prima-facie case against the petitioner for the offence alleged against him. It is his further submission that if the petitioner-accused No.2 is granted bail, he will threaten the complainant and -7- CRL.P No. 102414 of 2022 other prosecution witnesses and flee from justice. With this, he prayed to reject the petition.
6. Learned counsel for respondent No.2 would submit that the victim girl was aged 13 years as on the date of offence. The petitioner- accused No.2 was present at the time when accused No.1 made an attempt for forcible sexual intercourse with the victim girl and at the time of commission of her murder by accused No.1. It is his further submission that if the petitioner- accused No.2 is granted bail, he will threaten the complainant and other prosecution witnesses. With this, he prayed to reject the petition.
7. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge-sheet records and the order passed by Special Court.
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8. As per the charge-sheet material, the accusation against this petitioner-accused No.2 is that he stood at the back door and facilitated accused No.1 to have sexual intercourse with the victim girl and he was also present at the time when accused No.1 strangulated the deceased. Further accusation against this petitioner-accused No.2 is that, after victim girl became unconscious, he along with accused No.1 and others told that she fell from fits attack. As per column No.17 of the charge-sheet, the offences alleged against this petitioner-accused No.2 are under Sections 201 and 114 of IPC and Section 8 and 12 of POCSO Act. The offences alleged against the petitioner- accused No.2 are not punishable with death or imprisonment for life. As the charge-sheet is filed, petitioner-accused No.2 is not required for custodial interrogation.
-9-CRL.P No. 102414 of 2022
9. The main apprehension of the prosecution is that, if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses and flee from justice, can be met with by imposing stringent conditions.
10. 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.2 shall be released on bail in Crime No.117/2022 of Koppal Rural Police Station, pending in Spl. S.C.POCSO No.34/2022 on the file of Addl. District and Sessions Judge, FTSC-1,
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CRL.P No. 102414 of 2022 Koppal, subject to the following terms and conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.
SD/-
JUDGE AM