Karnataka High Court
Jayanth vs State Of Karnataka on 14 January, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.10177/2021
BETWEEN:
JAYANTH,
S/O SOMASHEKHAR,
AGED ABOUT 22 YEARS,
R/AT NO.8, 6TH CROSS,
MAGADI ROAD,
OPP. TO KARUMARIAMMA TEMPLE,
MANJUNATHA NAGAR,
BENGALURU-560091. ... PETITIONER
(BY SRI M. KRISHNE GOWDA., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
STATE BY RAJAGOPALANAGAR P.S,
REP. BY HIGH COURT GOVT. PLEADER,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. SMT. LALITHA,
C/O DEEPUNAYAKA,
AGED ABOUT 33 YEARS,
R/AT 2ND CROSS, HEGGANAHALLI,
BENGALURU-560091. ... RESPONDENTS
(BY SRI VINAYAKA V.S., HCGP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.NO.1769/2021 (CR.NO.315/2021) OF RAJAGOPAL NAGAR
POLICE STATION, BENGALURU CITY, FOR THE OFFENCE
2
PUNISHABLE UNDER SECTIONS 363, 366A AND 376 OF IPC AND
SECTIONS 5(l) AND 6 OF POCSO ACT AND SECTION 4 OF CHILD
MARRIAGE RESTRAINT ACT, ON THE FILE OF THE LIV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCE THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.315/2021 of Rajagopalnagar Police Station, Bengaluru City, for the offence punishable under Sections 363, 366A and 376 of IPC, Sections 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and Section 4 of the Child Marriage Restraint Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that the missing complaint was lodged by the mother of the victim girl aged about 14 years and case has been registered at the first instance for the offence punishable under Section 363 of IPC and later investigation is conducted and filed the charge-sheet invoking 3 Section 366A and 376 of IPC and Sections 5(l) and 6 of the POCSO Act and Section 4 of the Child Marriage Restraint Act.
4. The learned counsel for the petitioner would submit that the victim girl is not subjected for any medical examination and apart from that, in her 164 statement, she has not stated anything about the petitioner subjecting her for any sexual act. When there is no any material, invoking of Sections 5(l) and 6 of POCSO Act does not arise and a false case has been registered against the petitioner herein.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that the victim girl is aged about 14 years and though at the first instance missing complaint is filed, the material collected by the Investigating Officer discloses that she was subjected to sexual act. In her 164 statement she has stated that she went to the house of the petitioner.
6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State as well as the material on record, though offence invoked are under Sections 376 and 366A of IPC and 4 Sections 5(l) and 6 of the POSCO Act, the victim girl is not subjected for any medical examination. In her 164 statement, she has not alleged anything about subjecting her for sexual act. When there is no medical evidence, merely because of an allegation and 161 statement of the witnesses, this Court cannot find prima facie case against the petitioner. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C.
7. In view of the discussions made above, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.315/2021 of Rajagopalnagar Police Station, Bengaluru City, for the offence punishable under Sections 363, 366A and 376 of IPC, Sections 5(l) and 6 of the POCSO Act and Section 4 of the Child Marriage Restraint Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.5
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE MD