Karnataka High Court
Mr. Vinayakumar S/O. Mareppa Talwar vs State Of Karnataka on 2 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102974 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102974 OF 2022 (439-)
BETWEEN:
MR. VINAYAKUMAR S/O. MAREPPA TALWAR
AGE: 19 YEARS, OCC: COOLIE,
R/O: HARAVI, TQ. SHIRWAR,
DIST. RAICHURU-584101
...PETITIONER
(BY SRI. NEELENDRA.D.GUNDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HANUMASAGAR POLICE STATION,
R/BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001
2. SMT. SHIVAVVA W/O. DEVAPPA TUMARIKOPPA
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: BADIMANAL, TQ. KUSHTAGI,
DIST. KOPPAL-583231
...RESPONDENTS
(SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
R2 SERVED)
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CRL.P No. 102974 of 2022
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN
CRIME NO.32/2022 STATION PENDING BEFORE ADDITIONAL
DISTRICT AND SESSIONS COURT, FTSC-1, AT KOPPAL REGISTERED
WITH HANMASAGAR POLICE REGISTERED FOR THE OFFENCES
PUNISHABLE U/S 363, 114, 343, 376, 376(2)(i) R/W 34 OF IPC AND
SECTION 4 AND 6, 17 OF PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT-2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the accused No.1 under Section 439 of Cr.P.C., seeking bail in Crime No.32/2022 of Hanmasagar police station, registered for the offences punishable under Sections 363, 114, 343, 376, 376(2)(i) read with Section 34 of IPC and Sections 4, 6 and 17 of POCSO Act.
2. The case of the prosecution is that, the mother of the victim-girl has filed missing complaint stating that, her daughter victim-girl aged 14 years had went to school on 27.03.2022 at 7.30 p.m. and did not return till 6.30 p.m. and she searched and did not find her. The said complaint came to be registered in Crime No.32/2022 of Hanmasagar police station for the offences punishable -3- CRL.P No. 102974 of 2022 under Section 363 of IPC against unknown persons. During the investigation the police secured the petitioner and the victim-girl on 31.03.2022 and recorded the statement of the victim-girl. The petitioner came to be arrested on 01.04.2022 and he is in judicial custody. The police after completing the investigation filed charge-sheet for the aforesaid offences alleging that the petitioner has enticed the victim-girl and took her on the motorcycle of accused No.2 to Gadadinni village and had sexual intercourse with her. The petitioner filed bail application in Special S.C. POCSO No.24/2022 and the same came to be rejected by the Additional District and Sessions Judge, FTSC-1, at Koppal, by order dated 30.07.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent No.1-State. Respondent No.2 who was present physically before this Court on the previous date, submitted that she has no objection for grant of bail.
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4. Learned counsel for the petitioner would contend that, the statement of the victim-girl has been recorded wherein, she has stated that the petitioner is in love affair with her and she voluntarily went with him. It is his further submission that, the Doctor who examined the victim-girl has noted that, there are no injuries and her hymen is ruptured. It is his further submission that, the victim-girl is of the age of understanding the consequences of her acts. When the charge-sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is aged 19 years. If he is kept in the preson, he will come in contact with hardcore criminals. With this, he prayed to allow the petition.
5. Per contra, learned HCGP would contend that, the date of birth of the victim-girl as per her school records is 25.02.2008. The victim-girl has been examined by the Doctor who has noted that her hymen is ruptured and final opinion is kept pending, till receipt of the FSL report. It is his further submission that, the victim girl in -5- CRL.P No. 102974 of 2022 her statement recorded under Section 164 of Cr.P.C., has stated the act of this petitioner committing forcible sexual intercourse on her for three days. The charge-sheet material shows prima-facie case against the petitioner/accused. If the petitioner is granted bail, there are chances of he threatening the complainant and other prosecution witnesses. With this, he prayed to reject the petition.
6. Having heard the learned counsel for the petitioner and the learned HCGP for respondent No.1- State, this Court has gone through the charge-sheet records and also taken into consideration the submission made by the respondent No.2-complainant who is the mother of the victim-girl.
7. The accusations leveled against this petitioner is that, he enticed the victim-girl and took her to Gadaddini village and kept her for three days and had forcible sexual intercourse on her. The statement of the victim-girl has -6- CRL.P No. 102974 of 2022 been recorded wherein, she has stated that the petitioner is in love affair with her. The Doctor who examined the victim-girl has noted that her hymen is ruptured and there are no external injuries over her body. The date of birth of the victim-girl as per her school records is 25.02.2008 and she is aged 14 years 01 month as on the date of the alleged offence. 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. The petitioner is aged 19 years and if he is kept in prison, he will come in contact with hardcore criminals. There are no criminal antecedents of this petitioner. The main objection of the prosecution is that, if the petitioner is granted bail, he may threaten the complainant and other prosecution witnesses and he may contact the victim-girl. The said objection 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 -7- CRL.P No. 102974 of 2022 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.1 shall be released on bail in Crime No.32/2022 of Hanmasagar Police Station subject to the following conditions:
i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused No.1 shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
iv) The petitioner/accused No.1 shall not enter the village of the victim-girl namely Badimanal in -8- CRL.P No. 102974 of 2022 Kumta taluk and he shall not contact her either personally or over phone, till disposal of the case registered against him.
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JUDGE SVH List No.: 2 Sl No.: 3