Karnataka High Court
Chandra C @ Chandranna vs The State Of Karnataka on 1 December, 2021
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.8544 OF 2021
BETWEEN
CHANDRA C @ CHANDRANNA
S/O. CHALAPATHI,
AGED ABOUT 27 YEARS,
RESIDING AT VEERENAHLLI VILLAGE,
NEAR AVALAHALLI,
BENGALURU EAST TALUK.
PERMANENT RESIDENT OF
NARAYANAPALLI VILLAGE,
CHELUR HOBLI,
BAGEPALLI TALUK
(NOW IN JUDICIAL CUSTODY). ... PETITIONER
(BY SRI BABU D.R., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY CHINTAMANI RURAL POLICE STATION,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. GAYITHREE
W/O SHIVAKUMAR,
AGED ABOUT 34 YEARS,
R/AT SANTHEKALLAHALLI VILLAGE,
CHINTAMANI TALUK,
CHIKKALBALLAPURA DISTRICT
...RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.104/2021
(CR.NO.295/2021) OF CHINTAMANI RURAL P.S.,
CHIKKABALLAPURA DISTRICT FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 363, 366, 376(2)(N) OF IPC, SECTIONS 6, 8,
12 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD
MARRIAGE (KARNATAKA AMENDMENT) ACT ON THE FILE OF
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
CHIKKABALLAPURA .
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused under Section 439 of Cr.P.C., for granting regular bail in Crime No.295/2021 registered by Chintamani Rural Police Station, Chikkaballapura District for the offences punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code, 1860 (for short 'IPC'), Sections 6, 8 and 12 of the POCSO Act and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State.
3
3. The case of the prosecution is that the complainant-Gayathree who is the mother of victim girl has filed a complaint on 28.06.2021 alleging that her daughter aged about 14 years was found missing from the house. Subsequently, on 28.06.2021, accused and victim were apprehended by the Police. Later, the accused was remanded to the judicial custody. His bail petition came to be rejected by the learned Sessions Judge. Hence, he is before this Court.
4. Upon hearing the arguments and on perusal of the records which reveals that after filing of the missing complaint, the victim and accused were traced out by the Police as they said to have been appeared before the Police on 28.06.2021. The statement of the victim was recorded by the Police where she has stated that she herself fell in love with accused, went along with him and told him that she is aged 19 years and want to marry him and when the victim was taken to the Magistrate for recording the statement under Section 164 of Cr.P.C., she 4 has stated that when she went to her uncle's house, the accused came in contact with her. Thereafter, the parents of the accused came and took her to their house in the guise of providing education to her and during her stay in the house of accused, the accused tried to hug and also removed the clothes of the victim, but, he has not done anything to her. Thereafter she came back to the Police Station along with the accused. On perusal of the statement under Section 164 of Cr.P.C., the victim does not implicate the accused for having committed the rape on her. The investigation is completed and charge-sheet has been filed. The accused is in custody for more than five months. Therefore, without expressing any opinion regarding the merits of the case, by imposing certain conditions, if bail is granted, no prejudice would be caused to the case of the prosecution. Hence, the following ORDER Accordingly, criminal petition is allowed. The petitioner-accused is ordered to be released on bail in Crime No.295/2021 registered by Chintamani Rural 5 Police Station, Chikkaballapura District for the offence punishable under Sections 363, 366, 376(2)(n) of IPC, Sections 6, 8 and 12 of the POCSO Act and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, subject to the following conditions:
(i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial Court/Committal Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; and
(iv) Petitioner shall take trial without causing any delay.
Sd/-
JUDGE GBB