Karnataka High Court
Sri Imran Khan vs State Of Karnataka on 10 February, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.614/2022
BETWEEN:
SRI IMRAN KHAN,
AGED ABOUT 22 YEARS,
S/O RASHEED KHAN,
R/AT NO 172, NEW MARKET,
LOURDNAGAR, ANDERSONPET,
KGF TALUK, KOLAR DIST-563122. ...PETITIONER
(BY SRI S. JAGAN BABU, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY CIRCLE-INSPECTOR OF POLICE,
ROBERTSON PET CIRCLE POLICE STATION,
ROBERTSON PET POIICE STATION,
KGF TALUK, KOLAR DIST-563122.
REP BY SPP,
HIGH COURT OF KARNATAKA,
BANGALORE 560001. ...RESPONDENT
(BY SRI VINAYAKA V.S., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.84/2021 (SPL.C.C.NO.6/2022) OF ROBERTSON PET P.S.,
KGF DISTRICT FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 363, 376 AND 506 OF IPC AND SECTION 6 OF POCSO
ACT, ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS
JUDGE, FTSC-I (POCSO ) KOLAR.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS 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.84/2021 of Robertson Pet Police Station, KGF District, for the offence punishable under Sections 363, 376 and 506 of IPC and Section 6 of the Protection of the Children from Sexual Offences Act ('POCSO Act' for short).
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 of the prosecution is that the complaint was given by the mother of the victim girl, wherein an allegation is made that this petitioner used to send messages to her daughter and the same was showed to her and immediately she made phone call to the petitioner and told him not to send any such messages and inspite of it, he continued the same and he took her near the Darga and subjected her for sexual act and thereafter he left her at around 4.00 p.m. and also caused life threat and hence there was a delay in lodging the complaint. Based on the complaint, the police have 3 registered the case for the offence punishable under Sections 363, 376 and 506 of IPC and Sections 6 of the POCSO Act and investigation is completed and charge-sheet is filed and this petitioner is in custody and hence invoked Section 439 of Cr.P.C.
4. The learned counsel for the petitioner submits that the victim girl is aged about 17 years as per the medical records and while filing the charge-sheet, school certificate or birth certificate was not produced to establish that the girl is a minor. The victim girl is a college student and only with an intention to disconnect the love affair between the petitioner and the victim, a false case has been registered against the petitioner. The learned counsel submits that 164 statement given by the victim girl is by force and now the petitioner is in custody from 09.10.2021 and when investigation is completed, there is no need of custodial trial and medical evidence also not supports the case of the prosecution. The learned counsel submits that the mother of the petitioner is not keeping well and hence this petitioner has to take care of the mother and other brothers are living separately. The petitioner is a student and if he is 4 continued in custody, his career will be affected and hence he may be enlarged on bail.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that the complainant in the complaint made a specific allegation against this petitioner that he took the victim girl near the Darga and subjected her for sexual act and thereafter dropped her back at 4.00 p.m. When she came to know about the said fact, she discussed with the relatives and the complaint is lodged and the victim is subjected to medical examination. The learned counsel submits that in terms of medical examination, hymen is not intact and as per the school records, her date of birth is 04.10.2005 and she has not even completed the age of 16 years as on the date of the incident. The victim also made statement under Section 164(5) of Cr.P.C. before the learned Magistrate and though there is no clarity as to whether she was subjected to sexual act, but the manner in which she gave the statement before the learned Magistrate is clear that she was used to sexual act and hence there is a prima facie case against the petitioner to not invoke Section 439 of Cr.P.C. 5
6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and looking into the factual aspects of the case, in the complaint, the mother of the victim girl made specific allegation that this petitioner took the victim girl and subjected her for sexual act. As per the school records, her date of birth of the victim girl is 04.10.2005 and the incident was taken place on 16.09.2021 and she had not completed the age of 16 years as on the date of the incident. Apart from that, the victim girl is examined before the learned Magistrate, wherein she has reiterated that she was subjected to sexual act. The medical evidence is clear that hymen is not intact and completion of investigation is not a ground to enlarge the petitioner on bail when a heinous offence of sexual act is committed on the minor girl. The other ground that the petitioner's mother is not keeping well and the petitioner is a student aged about 22 years also cannot be a ground to exercise the discretion when a minor was subjected to sexual act. The medical evidence discloses that hymen was not intact and hence prima facie material is found against the petitioner and no case is made out to exercise the discretion.
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7. In view of the discussions made above, I pass the following:
ORDER The petition is rejected.
Sd/-
JUDGE MD