Karnataka High Court
Shri Basavaraj S/O Maruti Talawar vs The State Of Karnataka on 12 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102376 OF 2022
BETWEEN:
SHRI. BASAVARAJ S/O. MARUTI TALAWAR
AGE. 24 YEARS, OCCUPATION. COOLIE,
R/O. HIREMATH ONI, HOOLI,
TALUK. SAVADATTI,
DISTRICT. BELAGAVI PIN. 591126.
...PETITIONER
(BY SRI. S. M. MUCHHANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE POLICE INSPECTOR SAVADATTI,
TALUK. SAVADATTI, DISTRICT. BELAGAVI,
PIN. 591126.
REPRESENTED BY ITS,
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
AT. DHARWAD BENCH,
PIN. 580011.
2. SMT. YALLAWWA W/O. MANJUNATH ALADAGIDAD
R/O. HOOLI, NEAR MSIL BAR,
TQ. SAVADATTI,
DIST. BELAGAVI-591126.
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
R2 - SERVED)
-2-
CRL.P No. 102376 of 2022
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ALLOWED AND FURTHER THIS HON'BLE COURT
MAY BE PLEASED TO ENLARGE THIS PETITIONER/ACCUSED ON
BAIL BY IMPOSING REASONABLE CONDITIONS IN SAVADATTI
P.S. CRIME NO.367/2021 U/S 363, 376 OF IPC AND SECTION 4
AND 6 OF POCSO ACT, SPL.CASE NO.48/2022 PENDING ON
THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE,
FTSC-1, BELAGAVI.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.367/2021 of Savadatti Police Station registered for the offences punishable under Sections 363, 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity), Sections 4 and 6 of Protection of Children from Sexual Offence Act, 2012 -3- CRL.P No. 102376 of 2022 (hereinafter referred to as the 'POCSO Act' for brevity).
2. The case of the prosecution is that one Smt. Yallawwa has filed the complaint stating that she is residing along with her family, her daughter/victim girl is aged 17 years, she has studied upto 10 t h class and she is staying at home and attending tailoring class and returning at 4.30 p.m. On 27.12.2021 the victim girl did not return from tailoring class, when the complainant tried to contract her over mobile it was switched off. On suspecting that some unknown persons might have kidnapped her daughter for unknown reasons, she filed complaint. The said complaint came to be registered in Crime No.367/2021 of Savadatti Police Station for the offence punishable under Section 363 of IPC against unknown person. The Police during the investigation traced the victim girl and recorded her statement wherein, she has stated that the petitioner took her to sugarcane -4- CRL.P No. 102376 of 2022 field and committed sexual intercourse with her on 27.12.2021 and they stayed in the sugarcane field till the next day. Later on the next day i.e., on 28.12.2021 he went to bring money and did not return, so she called her uncle and mother and informed about the incident. The Police arrested the petitioner on 29.12.2021 and he is in judicial custody. The Police after completing the investigation have filed the charge sheet for the offences punishable under Section 363, 376 of IPC and Sections 4 and 6 of POCSO Act and the case is pending in Special Case No.48/2022 on the file of the Additional District and Sessions Judge FTSC-I, Belagavi. The petitioner filed Criminal Miscellaneous No.679/2022 under Section 439 of Cr.P.C. seeking bail and the same came to be rejected by the Additional District and Sessions Judge FTSC-I, Belagavi by order dated 12.08.2022. Therefore, the petitioner is before this Court seeking bail.
-5-CRL.P No. 102376 of 2022
3. Heard the arguments of learned counsel appearing for petitioner and learned High Court Government Pleader for respondent No.1-State. Respondent No.2 who is present physically before this Court prays not to grant bail to the petitioner till the victim girl attains age of majority and gives representation in that regard.
4. The learned counsel for the petitioner would contend that the victim girl in her statement recorded under Section 164 of Cr.P.C. has not alleged any forcible sexual intercourse on her by the petitioner. The doctor who examined the victim girl has opined that the dental age is above 18 years, skeletal age is more than 18 years and less than 19 years, vaginal smear negative for spermatozoa and there is old tear of hymen. It is his further submission that as per her school records the date of birth of the victim girl is -6- CRL.P No. 102376 of 2022 27.07.2005 and she was aged 16 years 5 months as on the date of alleged offence. The petitioner is aged 24 years and if he is kept in prison, he will come in contact with hardcore criminals. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader contends that the victim's statement has been recorded under Section 164 of Cr.P.C., and also by the Police wherein, she has stated that the petitioner took her to the sugarcane land and committed sexual intercourse on her. The doctor who examined the victim girl has stated that there is a old tear of hymen. The charge sheet material shows prima facie case against the petitioner for the offence alleged against him. There is a threat to the complainant -7- CRL.P No. 102376 of 2022 and the victim girl if the petitioner is granted bail. With this, he prayed to reject the petition.
6. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State, this Court perused the charge sheet and representation submitted by respondent No.2- complainant.
7. The accusation against this petitioner is that he took the victim girl in a agricultural land wherein, he had sexual intercourse on her. As per school records the date of birth of the victim girl is 27.07.2005 and she is aged 16 years 05 months as on the date of offence. The doctor who examined the victim girl has opined that her dental age is above 18 years, skeletal age is more than 18 years and less than 19 years, vaginal smear negative for spermatozoa and there is old tear of hymen. The victim girl in her statement has stated that the -8- CRL.P No. 102376 of 2022 petitioner is her relative. 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. There are no criminal antecedents of the petitioner. The main apprehension of the prosecution is that if the petitioner is granted bail, he will threaten the complainant, victim girl and other prosecution witnesses can be met with by imposing stringent conditions.
8. 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 shall be released on bail in Crime No.367/2021 of -9- CRL.P No. 102376 of 2022 Savadatti Police Station, subject to the following 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.
iv) The petitioner shall not enter Hooli village, Tq. Savadatti, Dist. Belagavi, till disposal of the case registered against him.
Sd/-
JUDGE SMM