Karnataka High Court
Ningaraj vs The State Of Karnataka on 23 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.5311 OF 2020
BETWEEN:
Ningaraj
S/o. Dunndevvara Ramesha
Aged about 20 years,
R/o. Balluru Hosa Badavane Village,
Davanagere Taluk & Dist. - 577525.
... Petitioner
(By Sri Jayaprakash K.N., Advocate)
AND:
1. The State of Karnataka
Hadadi Police Station,
Davanagere Taluk
Reptd. By its S.P.P.,
High Court Building,
Bengaluru - 560 001.
2. Smt. Geethamma
W/o. Haleshappa,
Aged about 39 years,
Housewife,
Balluru Village,
Davanagere Taluk & Dist.577525.
... Respondents
(By Sri R.D. Renukaradhya, HCGP for R-1)
-2-
This Criminal Petition is filed under Section 439
of Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.6/2020 of Hadadi Police Station, Davanagere for
the offences punishable under Sections 363, 376 of
IPC and Sec.4 and 6 of POCSO Act and Sec.3(1)
(w)(i), 3(2)(v-a), 3(2)(v) of SC/ST Act and Section 9
of Child Marriage Restraint Act.
This Criminal Petition coming on for Orders
through video conference this day, the Court made
the following:
ORDER
The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C., to release him on bail in Crime No.6/2020 registered by Hadadi Police Station (pending on the file of II Additional District and Sessions Judge and Special Judge at Davanagere) for the offences punishable under Sections 363, 376 of IPC and Sections 4 and 6 of POCSO Act and Sec.3(1)(w)(i), 3(2)(v-a), 3(2)(v) of SC/ST Act and Section 9 of Child Marriage Restraint Act.
-3-
2. I have heard the learned counsel Sri Jayaprakash K.N., for petitioner-accused and Sri R.D.Renukaradhya, learned High Court Government Pleader for the respondent No.1 - State.
3. The gist of the complaint is that the missing complaint has been lodged by the complainant, on 21.01.2020 at about 8.30 a.m., states that victim who was studying in I PUC went by boarding the bus to attend the college but she did not return. When she made an enquiry with her friends, they told that after alighting the bus in Davanagere went away and she is having some relationship with the petitioner-accused. On the basis of that a missing complaint has been filed. Subsequently, the victim has been traced and she told that while she was studying, she was loving the petitioner-accused, they used to move together, her brother suspected and intimated the same to their parents, her parents assaulted and decided to marry -4- with her brother's son and for some time she stopped going to the college. Subsequently, she started to go to college and the marriage talks were also started and she went to the petitioner-accused and told if he is not going to marry her, she is going to commit suicide and she is not interested to marry with other person and accused told that he is ready to marry her. On 21.01.2020, she got down from the bus, there petitioner-accused also got down and they came to Bengaluru and from there to Kothanur and got married on 23.01.2020 in Kakke Malleshwara temple. Thereafter, they stayed in a room and they had a physical contact. On the basis of the same, the chargesheet has been filed.
4. It is submission of the learned counsel for the petitioner-accused that the petitioner-accused and the victim were loving with each other. The victim herself voluntarily has pressurized the petitioner-accused to -5- get her marry, otherwise she is going to commit suicide, in that light, on the alleged date of incident, he has taken the victim along with him. It is his further submission that the victim was about 16 years 10 months as on the date and she was knowing the consequences. After getting her married, they had a physical contact, but it is a consensual sex. Already the investigation has been completed and the charge sheet has been filed. The petitioner-accused is not required for the purpose of further investigation or interrogation. On these grounds, he prays to allow the petition and to release petitioner-accused on bail
5. Per contra, learned HCGP vehemently argued and submitted that the medical evidence clearly goes to show that the victim has been sexually assaulted by the petitioner-accused who was aged about 16 years 10 months. It is his further submission that when the victim is less then 18 years -6- consent given by the victim is not considered to be consent in the of eye of law. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsels appearing for the parties and perused the records.
7. On going through the statement of the victim recorded on 06.02.2020 it indicates that since SSLC the petitioner-accused and victim used to love each other and subsequently, after coming to know the same, the family members have objected. Thereafter, the victim herself went to the petitioner- accused and told that the parents of the victim are preparing for the marriage with another person and she is not ready to marry with other person and if he is not going to marry her, she is going to commit -7- suicide. In that light, on 21.01.2020, they came to Bengaluru and subsequently, on 23.01.2020 they got married and had a physical contact. On going through the age of the victim and the circumstances it indicates that it is a consensual sex and not forcible one. Already the chargesheet has been filed, petitioner-accused is not required for the purpose of further investigation and interrogation. Taking into consideration of the facts and circumstances, I am of the considered opinion that if by imposing some stringent conditions, petitioner-accused if ordered to be enlarged on bail, it is going to meet the ends of justice. In that light, the petition is allowed.
8. Petitioner-accused is ordered to be enlarged on bail in Crime No.6/2020 registered by Hadadi Police Station (pending on the file of II Additional District and Sessions Judge and Special Judge at Davanagere) for the offences punishable -8- under Sections 363, 376 of IPC and Sections 4 and 6 of POCSO Act and Sec.3(1)(w)(i), 3(2)(v-a), 3(2)(v) of SC/ST Act and Section 9 of Child Marriage Restraint Act, subject to the following conditions;
i) Petitioner-accused shall execute a
personal bond for a sum of
Rs.2,00,000/- (Rupees Two Lakhs
Only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the
prosecution evidence directly or
indirectly.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall mark his attendance before
the jurisdictional police once in a
month in between 10.00 a.m. and 5.00
p.m. till the trial is completed.
v) He shall regularly attend the trial.
-9-
vi) He shall not indulge in similar type of criminal activities. If he again indulge in similar type of criminal activities or violates any one of the condition, the trial Court is at liberty to cancel the bail.
Sd/-
JUDGE GJM