Karnataka High Court
Prakash S/O Kallappa Yalloji vs The State Of Karntaka on 25 July, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 25 t h DAY OF JULY 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.101741 OF 2022
BETWEEN:
PRAKASH S/ O. KA LLAPPA YALLOJI ,
AGE: 21 YEARS , OCC: NIL,
R/O. 5 T H CROSS , RAIKAR APARTMENT ,
BHAGYA NAGA R,
BELAGAVI - 590006.
...PETITIONER
(BY SRI. VITTAL S . TELI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRES ENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH,
DHARWD,
THROUGH MARKET POLICE STATION ,
BELAGAVI , T Q. BELAGAVI.
DIST. BELAGAVI - 590006.
2. CHILD W ELFARE COMMITTEE,
SHIVAJI NAGAR,
BELAGAVI - 590016,
REPRES ENTED BY
PRESIDENT ,
LOURD MAY JOS EPH,
AGE: 47 YEARS , OCC: PESIDENT OF
CHILD W ELFARE COMMITTEE,
BELAGAVI - 16.
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3. SHRI. BHIMAGOUD A MAGADUM
AGE: MAJOR, OCC:NIL,
R/O. CHIDAMBAR NAGAR,
ANAGOL,
BELAGAVI - 590006.
... RES PONDENTS
(BY SRI. PRAS HAN TH V. MOGA LI, HCGP FOR R1 AND 2;
SRI. S . B. PATIL, ADV. F OR R3)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., SEEKING TO GRA NT REGULAR BAI L AND
PETITIONER/ACCUSED MAY BE ENLARGED ON BAIL IN
MARKET P.S. CR.NO.202/ 2021 (S PECIAL CASE N O.69/2022)
FOR THE OFF ENCES PUNISHABLE UNDER SECTINOS 363,
366(A), 344, 376( 2)(n) , 506 AND 509 OF I PC AND SECTIONS
4, 6, 8 AND 12 OF THE PROTECTI ON OF CHILDREN FROM
SEXUAL OFFEN CE ACT, 2012 PENDI NG ON THE FILE OF THE
ADDITIONAL DIS TRICT AND SESSIONS JUD GE-F TSC-1,
BELAGAVI .
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, T HE COURT MADE THE F OLLOWING:
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.202/2021 (Special Case No.69/2022) of Market Police Station registered for the offences punishable under Sections 363, 366(A), 344, 376(2)(n), 506, 509 of The Indian Penal Code 3 (hereinafter referred to as the 'IPC', for brevity) and Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as the 'POCSO Act' for brevity) and the case is pending on the file of the Additional District and Sessions Judge FTSC-1, Belagavi.
2. The case of the prosecution is that the victim girl aged about 17 plus years was in love affair with the petitioner. The victim girl as her parents scolded her she left the house and she was wandered in Railway Station, Bus stand and on the complaint made by her father she was secured by the Police and subsequently she was brought before the CWC and referred her to Child Welfare Association on 26.11.2021. On 13.12.2021 she was brought before the CWC and she escaped from there and the case came to be registered on the complaint of respondent No.2 in Crime No.202/2021 of Market Police Station for the offence punishable under 4 Section 363 of IPC against unknown person. Subsequently, the victim girl was traced on 03.02.2022, when she was with the petitioner. The Police after investigation have filed the charge sheet against the petitioner for the offences punishable under Sections 363, 366(A), 376(2)(n), 344, 506, 509 of IPC and Sections 4, 6, 8 and 12 of POCSO Act. During the investigation the statement of the victim girl has been recorded under Section 164 of Cr.P.C. There is no medical examination of the victim girl, as she refused for medical examination. The petitioner who came to be arrested on 03.02.2022 is in judicial custody. The petitioner filed Criminal Miscellaneous No.503/2022 seeking bail and the same came to be rejected by the learned Additional District and Sessions Judge FTSC- 1, Belagavi by an order dated 26.05.2022. Therefore, the petitioner is before this Court seeking bail.
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3. Heard the arguments of the learned counsel appearing for petitioner, the learned counsel for respondent No.3 (father of the victim girl) and the learned High Court Government Pleader for respondent Nos.1 and 2.
4. It would be the contention of the learned counsel for the petitioner that looking to the entire charge sheet material shows that there is a love affair between the petitioner and the victim girl. The victim girl is aged about 17 years plus and her date of birth is 12.08.2004 as per her birth certificate which is produced along with the charge sheet papers. The petitioner took the victim girl with him at her behest. It is his further submission that there is no material to show that the petitioner had forcible sexual intercourse with the victim girl as there is no medical examination report of the victim girl. It is his further submission that the victim girl is of the age of understanding the consequences of 6 her acts. It is his further submission that that the petitioner is aged about 21 years and working as a driver by profession and he is ready to abide by any conditions imposed by this Court. With this, he prayed for allowing the petition.
5. The learned counsel for respondent No.3 Shri. S. B. Patil, submits that the petitioner is studying in 7th standard and he is painter and security guard and the victim girl is at her second PUC Commerce and she has studied in english medium, if the petitioner is granted bail it will effect her education. It is his further submission that even after filing the charge sheet, the victim girl is missing and therefore he has filed complaint which came to be registered in Crime No.19/2022 of Udyambag Police Station for the offence punishable under Section 363 of IPC against unknown person. It is his further submission that the family members 7 of the petitioner has instigated the victim girl and they might have the custody of the victim girl.
6. The respondent No.3 who is physically present before this Court has prayed not to grant bail to the petitioner.
7. Per contra, learned High Court Government Pleader contends that, if the petitioner is granted bail in the case of sexual assault, it gives wrong signal to the Society. With this, he prayed to reject the petition.
8. Having regard to the submission made by the learned counsel for the petitioner, learned counsel for respondent No.3 and the learned High Court Government Pleader for respondent Nos.1 and 2, this Court has gone through the charge sheet records.
9. The respondent No.3 is the father of the victim girl. The victim girl who is aged about 17 years plus and as per her birth certificate her date of 8 birth is 12.08.2004. The statement of the victim girl has been recorded under Section 164 of Cr.P.C., where in she has clearly stated that she is in love affair with the petitioner. As the victim girl has refused for medical examination when she was taken before the doctor for medical examination. The victim girl is of the age of understanding the consequences of her acts. The investigation is over, charge sheet has been filed and the petitioner is in custody since 03.02.2022. As the charge sheet has been filed, the petitioner is not required for custodial interrogation. The apprehension of the counsel for respondent No.3 that if the petitioner is granted bail, he will again instigate his daughter/victim girl to come along with him, the said apprehension can be met with by imposing certain conditions, in that regard by restraining the petitioner not to meet the victim girl till disposal of the case registered against him. The main objection of the prosecution is that 9 in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection 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 shall be released on bail in Crime No.202/2021 of Market Police Station registered for the offences punishable under Sections 363, 366(A), 376(2)(n), 344, 506, 509 of IPC and Sections 4, 6, 8 and 12 of POCSO Act, subject to the following conditions: 10
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 meet the victim girl, shall not contact her through any telephonic or electronic mode, till disposal of the case registered against him.
Sd/-
JUDGE S MM