Karnataka High Court
Sachin. G. S vs The State Of Karnataka on 5 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:30846
CRL.P No. 4883 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4883 OF 2024
BETWEEN:
SACHIN G.S.,
S/O SWAMY GOWDA,
AGED ABOUT 24 YEARS,
R/AT GUMMANAHALLI VILLAGE,
SALIGRAMA TALUK, SALIGRAMA HOBLI,
HASSAN 576 225
...PETITIONER
(BY SRI. PRATHEEP K.C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY HOLENARASIPURA TOWN POLICE
HASSAN DISTRICT,
Digitally REP. BY ITS STATE PUBLIC PROSECUTOR,
signed by
YAMUNA K L HIGH COURT OF KARNATAKA
Location: High BANGALORE 01.
Court of
Karnataka 2. MANJEGOWDA
S/O LATE MUDDEGOWDA
AGED ABOUT 48 YEARS,
R/AT MARASHETTIHALLI VILLAGE,
HALEKOTE HOBLI,
HOLENARASIPURA,
HASSAN 573 211
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R1;
V/O DATED: 02.08.2024, NOTICE TO R2 IS H/S)
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NC: 2024:KHC:30846
CRL.P No. 4883 of 2024
THIS CRL.P IS FILED U/S.439 OF CR.PC. PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.534/2023
(CR.NO.161/2023) OF HOLENARASIPURA TOWN P.S. HASSAN
DISTRICT FOR THE OFFENCE P/U/S 376,363 OF IPC,
SEC.12,4,6 OF POCSO ACT AND SEC.9 OF CHILD MARRIAGE
RESTRAINT ACT ON THE FILE OF THE ADDL.DISTRICT AND
SESSIONS JUDGE, FTSC-1 HASSAN
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused is before this Court under Section 439 of Cr.P.C. with a prayer to enlarge him on bail in Spl.C.No.534/2023 pending before the Court of Addl. District and Sessions Judge, FTSC-1, Hassan, arising out of Crime No.161/2023 registered by Holenarasipura Town Police Station, Hassan, for the offences punishable under Sections 376 & 363 of IPC, Sections 12, 4 & 6 of Protection of Children from sexual Offences Act, 2012, and Section 9 of Child Marriage Restraint Act. -3-
NC: 2024:KHC:30846 CRL.P No. 4883 of 2024
2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 is served in this matter and has remained unrepresented before this Court.
3. F.I.R. in Crime No.161/2023 was registered by Holenarasipura Town Police Station, Hassan, against petitioner herein, initially for the offence punishable under Section 363 of IPC on the basis of first information dated 20.07.2023 received from respondent No.2 who is the father of the victim girl, aged about 17 years. During the course of investigation, the petitioner herein and victim were traced together. Petitioner was arrested and produced before the jurisdictional Court on 22.07.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed for aforesaid offences.
4. The bail application filed by the petitioner in Spl.C.No.534/2023 before the jurisdictional Sessions Court -4- NC: 2024:KHC:30846 CRL.P No. 4883 of 2024 was dismissed on 03.01.2024. Therefore, he is before this Court.
5. Learned counsel for the petitioner reiterates the grounds urged in the petition and prays to allow the petition.
6. Per contra, learned HCGP has opposed the bail application and he prays to dismiss the petition.
7. From the averments made in F.I.R. it informed that victim girl aged about 17 years was found missing from her house on 20.07.2023. Respondent No.2, her father had approached the Police and submitted his first information, suspecting the hand of petitioner in the case. During the course of the investigation petitioner and victim were traced together. Statement of victim under Section 164 of Cr.P.C was recorded by the jurisdictional Magistrate on 03.08.2023. In the said statement victim has stated that she was acquainted with the petitioner, who was working as driver in KSRTC. However, her parents had opposed her relationship with petitioner. On 20.07.2023 -5- NC: 2024:KHC:30846 CRL.P No. 4883 of 2024 she had left her house at about 10.00 a.m., and traveled to Ramanathpur in bus. Petitioner came to Ramanathpur and took victim girl in his motor bike to his relative's house at Kattepura. The petitioner and victim stayed in the said house and their marriage was also performed in a temple at Kattepur in the presence of relatives and elders of petitioner. The victim girl had not made any allegation against the petitioner, which would attract offence punishable under POCSO Act. Her further statement under Section 164 of Cr.P.C was recorded on 28.08.2023. During the course of her further statement she stated that her marriage with the petitioner was solemnized in a temple at Kattepur on 21.07.2023 and after marriage petitioner allegedly had sexually intercourse with her against her wishes.
8. Investigation in the case is completed and charge sheet has been filed. Petitioner aged about 24 years, who has no criminal antecedents, is in custody from 22.07.2023. Under the said circumstances, I am of the -6- NC: 2024:KHC:30846 CRL.P No. 4883 of 2024 view that the petitioner has made out a case for grant of regular bail.
9. Accordingly, the following:
ORDER The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.No.534/2023 pending before the Court of Addl. District and Sessions Judge, FTSC-1, Hassan, arising out of Crime No.161/2023 registered by Holenarasipura Town Police Station, Hassan, for the offences punishable under Sections 376 & 363 of IPC, Sections 12, 4 & 6 of Protection of Children from sexual Offences Act, 2012, and Section 9 of Child Marriage Restraint Act, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court -7- NC: 2024:KHC:30846 CRL.P No. 4883 of 2024 unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY) JUDGE ASN List No.: 1 Sl No.: 47