Karnataka High Court
Nagappa S/O. Laxman Halappanavar vs The State Of Karnataka on 8 April, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF APRIL, 2014
BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION NO. 100666/2014
BETWEEN:
NAGAPPA
S/O. LAXMAN HALAPPANAVAR
AGE: 22 YEARS,
OCC: AGRICULTURE
R/O. HIREBNANDI, TQ: GOKAK
DIST: BELGAUM
... PETITIONER
(BY MS. NANDINI SOMAPUR FOR SRI B V SOMAPUR,
ADVOCATE)
AND :
THE STATE OF KARNATAKA
THROUGH TERADAL POLICE
R/BY ADDL. PUBLIC PROSECUTOR
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI VIJAYAKUMAR MAJAGE, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL
IN S.C.NO.49/2013 TERDAL P.S. CRIME NO.10/2013, FOR
THE OFFENCES P/U/S 366A, 376 & 109 R/W SEC. 34 OF
2
IPC, PENDING ON THE FILE OF THE FAST TRACK JUDGE,
JAMKHANDI.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent - State. Perused the records.
2. The police have laid charge sheet against the petitioner - accused No.1 for the offences punishable under Sections 366A and 376 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity) and under Section 109 of I.P.C. The allegations against petitioner are that petitioner has abducted the complainant's daughter by name Bellavva D/o. Ningappa, aged about 17 years of Hirenandi village. The statement of victim girl discloses that she and petitioner have fell in love with each other and she has accompanied the petitioner. It also discloses that both of them were frequently meeting 3 each other since long and they were also talking to each other over cell phone. In this background, it is stated by victim that after 26.12.2012 she came to know that her parents are making arrangements to perform her marriage with some other person and immediately she has informed the petitioner. It appears that they have planned to leave the said village. Accordingly, on 09.01.2013 they have left their village and went to several places. In fact it is clearly stated by victim that she and petitioner have lived as husband and wife and after coming to know that her father has filed a case against the petitioner and others, they have returned back to the village.
3. The police have already filed charge sheet against the petitioner and other accused persons. Except the petitioner, all the other accused persons are on bail. During the course of full dressed trial the fact that has to be proved beyond reasonable doubt is that the victim was aged below 18 years. But, at this stage, except a School Transfer 4 Certificate no other documents or medical certificates have been produced in order to establish the age of victim girl. If the petitioner establishes that the age of victim girl is above 18 years, then the question of consent and whether the victim girl had voluntarily been with petitioner arises and whether the petitioner has enticed the victim girl, for the purpose of marrying, knowing fully well that she is a minor girl. All these facts have to be gone through during the course of full dressed trial. Under the above said circumstances, looking to the statement of victim girl and other circumstances available in the case, I am of the opinion that this is a fit case where the petitioner has to be enlarged on bail. Accordingly, the following order is passed :
ORDER Petition filed under Section 439 of Cr.P.C. is hereby allowed. Consequently, the petitioner shall be released on bail, subject to the following conditions: 5
i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- with two solvent sureties for a likesum to the satisfaction of committal/trial Court, as the case may be.
ii) Petitioner shall not indulge himself in hampering the investigation or tampering the prosecution witnesses.
iii) Petitioner shall attend the Court on every date of hearing without fail, unless prevented by any genuine cause.
iv) Petitioner shall not leave the jurisdiction of trial Court without prior permission, till the case registered against him is disposed of.
Sd/-
JUDGE hnm/