Karnataka High Court
Manjunath S/O. Hanamappa Mullur vs The State Of Karnataka on 30 October, 2023
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NC: 2023:KHC-D:12632
CRL.P No. 101623 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 101623 OF 2023
BETWEEN:
MANJUNATH S/O HANAMAPPA MULLUR
AGE: 27 YEARS, OCC: COOLIE / PLUMBER,
R/O: GULAGULI VILLAGE, TQ: GAJENDRAGAD,
DIST: GADAG-582211.
...PETITIONER
(BY SRI. S.G.NANDOOR, ADVOCATE FOR
SRI. A.C.CHAKALABBI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(BY GAJENDRAGAD POLICE STATION,
GAJENDRAGAD), REP. BY SPP,
HIGH COURT BUILDING, DHARWAD.
2. VICTIM GIRL
MINOR R/BY NATURAL FATHER,
PADIYAPPA UPPAR,
Digitally
R/O: GULAGULI VILLAGE,
signed by
VN
VN
BADIGER
TQ: GAJENDRAGAD, DIST. GADAG-582211.
BADIGER Date:
2023.11.08 ...RESPONDENTS
14:23:25
+0530
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON
REGULAR BAIL FOR THE ALLEGED FOR THE OFFENCES P/U/SEC.
109, 376(N) AND 506 OF IPC AND SECTION 4, 6 AND 17 OF
POCSO ACT, IN SC NO.52/2023 ARISING OUT OF GAJENDRAGAD
CRIME NO.67/2023 PENDING ON THE FILE OF ADDL. DISTRICT
AND SESSIONS JUDGE, GADAG, ON SUCH TERMS AND
CONDITIONS.
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NC: 2023:KHC-D:12632
CRL.P No. 101623 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard Sri S.G.Nandoor, learned counsel for the petitioner and Sri Praveena Y.Devareddiyavara, learned HCGP for the State.
2. The petitioner herein is accused No.1 in Crime No.67/2023 wherein the respondent/police have registered a case against the petitioner for the offences u/sec.376(N), 506, 109 of IPC and Section 4, 6 and 17 of Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act').
3. Brief facts of the case are as under:
It is the case of the prosecution that the victim has lodged a complaint stating that on 30.10.2022 at about 1.30 p.m. when her parents had gone to coolie work, the relatives of the victim girl namely Savitrevva wife of Sharanappa Uppar asked the victim to accompany her to go to nature call and they had been to the nearby places. -3-
NC: 2023:KHC-D:12632 CRL.P No. 101623 of 2023 It is stated in the complaint that the victim was asked to meet the petitioner in the said place by Savitrevva. The victim went and met the petitioner. The petitioner did not allow her to talk anything and committed sexual intercourse with the victim. It is further stated in the complaint that the petitioner stated to have committed sexual intercourse with the victim on several times. Consequently, she became pregnant and her pregnancy came to know to her mother after the victim got examined by the doctor.
4. The mother of the victim after discussing the matter with the family members has lodged a complaint before the respondent/police. The respondent/police have registered a case in Crime No.67/2023 for the above said offences. Hence the petitioner is seeking regular bail before this Court.
5. It is the submission of the learned counsel for the petitioner that the offences registered against the petitioner even though are serious in nature, the offences -4- NC: 2023:KHC-D:12632 CRL.P No. 101623 of 2023 registered under the POCSO Act is not applicable to the petitioner for the reason that the victim was aged about 18 years as on the date of alleged incident. It is further submitted that both the petitioner and the victim were loving each other and they have decided to marry each other. However, due to intervention of the elders, the said marriage could not be performed. Thereafter, the victim was forced to lodge complaint against petitioner only to take revenge against the family members of the petitioner. The alleged incident had taken place on 30.10.2022 and the said complaint has been lodged by the complainant on 11.05.2023 clearly indicates the manner in which the complaint is lodged. There is inordinate delay in lodging the complaint, the said delay would defeat the case of the prosecution. It is further submitted that the petitioner is resident of Gulaguli village and he is having deep root in the society and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submission, learned counsel for the petitioner prays to allow the petition.
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NC: 2023:KHC-D:12632 CRL.P No. 101623 of 2023
6. Per contra, learned HCGP vehemently opposed the bail petition and submitted that the petitioner knowing that the victim is a minor and took help of accused No.2 and made her to come near the pond and committed rape. It is stated in the complaint that the petitioner had committed rape on several times. Consequently, she became pregnant and thereafter the fact of rape came to known to the parents of victim after the victim had undergone medical examination. Hence, complaint came to be lodged against the petitioner. Therefore, the petitioner is not entitled for bail. Making such submission, learned HCGP prays to dismiss the petition.
7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet. The learned counsel for the petitioner made available the birth certificate of the victim. As per the said birth certificate, the age of the victim was 18 years 6 months as on the date of alleged incident. The said birth certificate is taken on record.
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NC: 2023:KHC-D:12632 CRL.P No. 101623 of 2023
8. It is also noticed that even though the alleged incident had taken place on 30.10.2022, till 11.05.2023, the said fact was not brought to the knowledge of the parents of the victim. Moreover as per the records, she was major as on the date of alleged incident and it appears that she voluntarily indulged in sexual intercourse. The complaint came to be registered at the instance of the parents of the victim. Therefore, it is the case to grant bail. Hence, I proceed to pass the following:
ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.67/2023 of Gajendragad Police Station (pending in S.C.No.52/2023 on the file of learned Addl. District and Sessions Judge, Gadag) on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:-7-
NC: 2023:KHC-D:12632 CRL.P No. 101623 of 2023
a) The petitioner shall appear before the trial Court regularly without fail.
b) The petitioner shall not leave the jurisdiction of the Court till disposal of the case.
c) The petitioner shall not tamper the prosecution witnesses.
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JUDGE CLK List No.: 1 Sl No.: 14