Karnataka High Court
Shivappa S/O Gurappa Angadi vs The State Of Karnataka on 22 August, 2023
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NC: 2023:KHC-D:9327
CRL.P No. 101709 of 2023
C/W CRL.P No. 101664 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101709 OF 2023
C/W
CRIMINAL PETITION NO. 101664 OF 2023
IN CRIMINAL PETITION NO. 101709/2023
BETWEEN:
CHANDRAPPA @CHANDRASHEKHAR
S/O. SHARANAPPA SUDI,
AGE: 25 YEARS, OCC: FARMER,
R/O: YALABUNACHI,
TQ: KUSHTAGI,
DIST: KOPPAL -583231.
...PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
CHANDRASHEKAR
LAXMAN 1. THE STATE OF KARNATAKA,
KATTIMANI
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD,
Digitally signed by
CHANDRASHEKAR THROUGH HANUMASAGAR POLICE STATION.
LAXMAN
KATTIMANI
2. MURTUJASAB HUSSAIN SAB HULAGERI,
AGE: 42 YEARS, OCC: FARMER,
R/O: YALABUNACHI,
TQ: KUSHTAGI,
DIST: KOPPAL -583231.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. G.D. PATIL, ADVOCATE FOR R2)
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NC: 2023:KHC-D:9327
CRL.P No. 101709 of 2023
C/W CRL.P No. 101664 of 2023
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON REGULAR
BAIL IN CONNECTION WITH CRIME NO.15/2023 REGISTERED
BY THE HANUMASAGAR POLICE STATION PENDING BEFORE
ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 AT KOPPAL IN
(FIR NO.07/2023) FOR THE OFFENCES PUNISHABLE U/S 376D,
506, 34 OF IPC AND SEC. 4, 6 OF THE PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
IN CRIMINAL PETITION NO. 101664/2023
BETWEEN:
SHIVAPPA S/O. GURAPPA ANGADI,
AGE: 26 YEARS, OCC: FARMER,
R/O: YALABUNACHI,
TQ: KUSHTAGI,
DIST: KOPPAL -583231.
...PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD,
THROUGH HANUMASAGAR POLICE STATION.
2. MURTUJASAB HUSSAIN SAB HULAGERI,
AGE: 42 YEARS, OCC: FARMER,
R/O: YALABUNACHI,
TQ: KUSHTAGI,
DIST: KOPPAL, PINCODE -583231.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. G.D. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON
REGULAR BAIL IN CONNECTION WITH CRIME NO.15/2023
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NC: 2023:KHC-D:9327
CRL.P No. 101709 of 2023
C/W CRL.P No. 101664 of 2023
REGISTERED BY THE HANUMASAGAR POLICE STATION
PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE,
FTSC-1 AT KOPPAL IN SPL. SC POCSO NO.16/2023 FOR THE
OFFENCES PUNISHABLE U/S 376D, 506, 34 OF IPC AND SEC.
4, 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT, 2012.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
These two petitions are filed respectively by accused No.1 and 2 to grant them bail in Crime No.15/2023 of Hanumasagar Police Station pending before the Addl.District and Sessions Judge, FTC-1 at Koppal in Spl. SC POCSO No.16/2023 (FIR No.7/2023) for the offences punishable u/sec.376D, 506, 34 of IPC and Sections 4 and 6 of POCSO Act, 2012.
2. In support of their petitions, petitioners have pleaded that there is delay of more than one month in registering the case, as the alleged victim has not come forward to file complaint. It is a false complaint filed by her father to extract money. The medical evidence is contrary to the allegations made against the petitioners. -4-
NC: 2023:KHC-D:9327 CRL.P No. 101709 of 2023 C/W CRL.P No. 101664 of 2023 While filing the charge sheet, offences punishable u/secs.323, 341, 354, 376(2) (n) of IPC, Sections 8 and 12 of POCSO and Section 67(B) of I.T. Act are dropped, which clearly go to show that petitioners are falsely implicated. Recording of evidence of prosecutrix is completed wherein she has turned hostile and not supported the prosecution case. The petitioners are ready and willing to abide by any conditions that may be imposed and prays to allow the petitions and release them on bail.
3. Learned High Court Government Pleader submitted oral objections stating that at the relevant point of time, prosecutrix was aged 17 years 4 months. On 21.01.2023 at 7.30 p.m., while prosecutrix went to answer natures call, petitioner No.1 intercepted her and demanding to love him, he abused her in filthy language and gave threat that if she fails to love him, he is going to burn her. He called petitioner No.2 over phone and he also forced the prosecutrix to love petitioner No.1 and both of -5- NC: 2023:KHC-D:9327 CRL.P No. 101709 of 2023 C/W CRL.P No. 101664 of 2023 them assaulted her. This is going on everyday. The accused have raped the prosecutrix.
3.1 Based on the complaint, case was registered in Crime No.15/2023 for the offences punishable u/secs.376D, 506, 34 of IPC and Sections 4 and 6 of POCSO Act, 2012 and investigation was taken up. Petitioners were arrested on 08.02.2023 and remanded to judicial custody. After completing the investigation, charge sheet is filed against the petitioners for the offences punishable u/secs. 376D, 506, 34 of IPC and Sections 4 and 6 of POCSO Act, 2012. Charge sheet makes out a strong prima facie case. If released on bail, there is likelihood of petitioners threatening and tamper with the prosecution witnesses and prays to dismiss the petition.
4. Heard arguments and perused the record.
5. A charge sheet came to be filed against the petitioners alleging that at the relevant point of time prosecutrix was aged 17 years 4 months. On 08.01.2023 -6- NC: 2023:KHC-D:9327 CRL.P No. 101709 of 2023 C/W CRL.P No. 101664 of 2023 at 7.30 p.m. when the prosecutrix went to answer natures call away from her house, petitioners went there and gave threat to her saying that she should sleep with them. They forcibly took her to nearby land belonging to CW7- Amaresh Yamanappa Gurikar gagged her mouth and while accused No.1 had forcible sexual intercourse with her, petitioner No.2 stood as guard. Thereafter, petitioner No.2 demanded that she should also have sex with him and had sexual intercourse with her. Both petitioners gave threat to the prosecutrix not to reveal the said fact to anyone.
5.1 Subsequently on four occasions, both petitioners had sexual intercourse with the prosecutrix. Similarly on 21.01.2023, while prosecutrix went to answer natures call, both petitioners forcibly had sexual intercourse with her and on hearing her cries, CW3- Yamunabi w/o Murtujasab Hulageri who was standing there speaking to her relative went her rescue and enquired. At the same time on sighting CWs4 to 6 coming in the said direction on motorcycle, both petitioners ran -7- NC: 2023:KHC-D:9327 CRL.P No. 101709 of 2023 C/W CRL.P No. 101664 of 2023 away from the spot and thereby committed the offences punishable u/secs.376D, 506, 34 of IPC and Sections 4 and 6 of POCSO Act, 2012.
6. Both petitioners were arrested on 08.02.2023. Since then they are in judicial custody. The recording of evidence has commenced, wherein the prosecutrix is examined as PW1. Now she has attained majority. During the course of her evidence, she has given a complete go bye to the allegations made against the petitioners. Despite a lengthy cross-examination by the prosecution, nothing material is elicited to corroborate with the prosecution case. Infact, she has also denied of having given statement u/sec.164 Cr.P.C. before the jurisdictional Magistrate.
7. Though series of incidents are said to have happened, wherein it is alleged that prosecutrix was repeatedly raped by the petitioners, there is inordinate delay in filing the complaint. In the light of the prosecutrix, who is the star witness of the prosecution, turning hostile -8- NC: 2023:KHC-D:9327 CRL.P No. 101709 of 2023 C/W CRL.P No. 101664 of 2023 and also having regard to the fact that petitioners are in judicial custody since six months, this Court is of the considered opinion that petitioners/accused are entitled for bail subject to conditions. The interest of the prosecution can be safeguarded by imposing stringent conditions. Accordingly, I proceed to pass the following:
ORDER Both petitions are allowed.
Petitioners/accused No.1 and 2 are released on bail in Crime No.15/2023 of Hanumasagar Police Station for the offence punishable under Sections 376D, 506, 34 of IPC and Sections 4 and 6 of POCSO Act, 2012, subject to following:
CONDITIONS
a) The Petitioners/accused No.1 and 2 shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties each for the like-sum.-9-
NC: 2023:KHC-D:9327 CRL.P No. 101709 of 2023 C/W CRL.P No. 101664 of 2023
b) Petitioners/accused No.1 and 2 shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address.
c) Petitioners/accused No.1 and 2 shall not tamper with the prosecution witnesses either directly or indirectly.
d) Petitioners/accused No.1 and 2 shall not indulge in any criminal activities.
e) Petitioners/accused No.1 and 2 shall be regular in attending the Court proceedings.
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JUDGE CLK List No.: 1 Sl No.: 9