Karnataka High Court
Maruti S/O Chinnappa Eti vs The State Of Karnataka on 20 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
CRL.P No. 102852 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF OCTOBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102852 OF 2022
BETWEEN:
MARUTI S/O CHINNAPPA ETI
AGE. 28 YEARS, OCC. AGRICULTURE
R/O HANDRAL, TQ. AND DIST. KOPPAL
...PETITIONER
(BY SRI. ANAND.R.KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARANATAKA THROUGH PSI
ALAWANDI POLICE STATION
DIST. KOPPAL
2. SRI SHIVASHANKARAGOUDA
S/O YELLANGOUDA KYATANAGOUDRA
AGE. 50 YEARS, OCC. AGRICULTURE
R/O HANDRAL, TQ AND DIST. KOPPAL
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1. R2 SERVED)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR
BAIL IN PURSUANCE OF CRIME NO.0108/2022 (REGISTERED BY
ALAVANDI POLICE STATION, FOR THE OFFENCES PUNISHABLE
U/S 363, 344, 376 OF IPC AND U/S 6 OF PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES ACT 2012 (POCSO).
-2-
CRL.P No. 102852 of 2022
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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.108/2022 of Alavandi Police Station registered for the offences punishable under Sections 363, 344 and 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) pending in Spl.SC POCSO No.42/2022 on the file of the learned Additional District and Sessions Judge, FTSC No.1, Koppal.
2. The case of the prosecution is that, one Shivashankargouda has filed the complaint stating that he is residing with his wife and 5 children including the victim girl aged 17 years studying in 9 t h standard. It is further stated, this petitioner is -3- CRL.P No. 102852 of 2022 residing in Handral became close with the victim girl and regarding this, the complainant and his family members advised him not to do so. On 27.06.2022 at 11:00am, the complainant went to Koppal due to his personal work and his wife Nirmala went to land for doing agricultural work. At that time, the complainant's elder son and the victim girl were in the house. When the complainant was in Koppal, he received a call from his daughter victim girl at about 12:50pm and she informed him to bring nikkar and he told her that he will bring. Afterwards at 1:30pm he called the number 8073994513 which was used by the victim girl to make a call to him but the said phone was switched off and immediately he came at 2:00pm. He found the victim girl missing in the house and he enquired with his son who informed that the victim girl went to wash clothes at 1:20pm. Thereafter, the complainant and others searched for the victim girl and she was not traced. The complainant found that -4- CRL.P No. 102852 of 2022 the petitioner was also missing from the village and getting doubt on him, he filed a complaint against him which came to be registered in Crime No.108/2022 of Alavandi Police Station for an offence under Section 363 of IPC. The petitioner came to be arrested on 11.07.2022 and he is in judicial custody. The Police after investigation filed charge-sheet against the petitioner for the offences punishable under Sections 363, 344, 376 of IPC and Section 6 of POCSO Act. The petitioner filed bail application in Spl.SC POCSO No.42/2022 and the same came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Koppal, by order dated 19.09.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent No.1-State. Respondent No.2 in spite of service of notice, has remained absent and unrepresented. -5- CRL.P No. 102852 of 2022
4. It would be the contention of the learned counsel for the petitioner that the date of birth of the victim girl is 10.09.2004 and she was aged 17 years 9 months 17 days as on the date of the alleged offence. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein she has stated that she is in love affair with the petitioner and she voluntarily went along with him. It is his further submission that there is no allegation of any sexual intercourse by this victim girl in her 164 Cr.P.C. statement. As charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the date of birth of the victim girl is 10.09.2004. The Doctor who examined the victim has noted that her hymen is ruptured which indicates sexual intercourse on the victim girl. Charge-sheet material show prima facie case -6- CRL.P No. 102852 of 2022 against the petitioner for the offences alleged against him. If the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records and he order passed by the Special Court.
7. The accusation against this petitioner is that he kidnapped the victim girl and took her to Bengaluru and had forcible sexual intercourse with her. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein she has stated that she is in love affair with the petitioner and she voluntarily went along with him. There is no allegation of sexual intercourse on the victim girl in the said statement. The victim girl is -7- CRL.P No. 102852 of 2022 aged more than 17 years and she is of the age of understanding the consequences of her acts. As charge-sheet is filed the petitioner is not required for custodial interrogation.
8. The main apprehension of the prosecution is that if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses, can be met with by imposing stringent conditions.
9. 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/accused shall be released on bail in Crime No.108/2022 of -8- CRL.P No. 102852 of 2022 Alavandi Police Station subject to the following conditions:
i) The petitioner/accused 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 shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE kmv