Karnataka High Court
Praveenkumar vs State By Davangere Rural Police ... on 1 October, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:40882
CRL.P No. 9616 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9616 OF 2024
BETWEEN:
PRAVEENKUMAR
S/O SIDDAPPA
AGED ABOUT 24 YEARS
RESIDING AT KANDANAKOVI
VILLAGE, DAVANAGERE TALUK
DAVANGERE - 560 013.
...PETITIONER
(BY SRI RAJU C.N, ADV.)
AND:
1. STATE BY DAVANGERE RURAL
POLICE DAVANGERE
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
Digitally 2. XXX
signed by
NANDINI MS
Location: ...RESPONDENTS
High Court of
Karnataka (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1;
NOTICE TO R-2 SERVED AND HELD SUFFICIENT)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.NO.32/2024 ON THE FILE OF ADDL. DIST. AND SESSIONS
JUDGE, FTSC-1 AT DAVANAGERE ARISING OUT OF CR.NO.07/2024
OF DAVANAGERE RURAL POLICE, DAVANAGERE, FOR THE OFFENCE
P/US/ 366A, 376 OF IPC AND SEC. 4(2) OF POCSO ACT AND SEC. 9
PROHIBITION OF CHILD MARRIAGE ACT, BY ALLOWING THIS
PETITION.
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NC: 2024:KHC:40882
CRL.P No. 9616 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Spl.C.No.32/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Davanagere, arising out of Crime No.7/2024 registered by Davanagere Rural Police Station, Davanagere District for the offences punishable under Sections 366A & 376 of IPC, Section 4(2) of the Protection of Children from Sexual Offences Act, 2012 & Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court seeking regular bail.
2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1.
3. Respondent No.2 who is served in the matter has remained unrepresented before this Court.
4. FIR in Crime No.7/2024 was registered by Davanagere Rural Police Station, Davanagere District against the petitioner initially for the offence punishable -3- NC: 2024:KHC:40882 CRL.P No. 9616 of 2024 under Section 363 of IPC, on the basis of first information dated 04.01.2024 received from respondent No.2 herein who is the mother of the victim girl. During the course of investigation, the petitioner and the victim girl were traced together and brought back to their village. The petitioner was arrested and produced before the jurisdictional Court on 07.01.2024 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences.
5. The bail application filed by the petitioner before the Sessions Court in Spl.C.No.32/2024 was dismissed on 18.04.2024. Therefore, he is before this Court.
6. Learned counsel for the petitioner submits that the petitioner is aged about 24 years and he has no criminal antecedents. The doctor who has medically examined the victim girl has stated that there is no material suggestive of any recent sexual intercourse. He submits that according to the first informant, the victim -4- NC: 2024:KHC:40882 CRL.P No. 9616 of 2024 girl had left her house at 9.00 a.m, on 01.01.2024 and thereafter had not returned home. The victim girl in her statement recorded under Section 164 of Cr.P.C, has stated that she was taken from Davanagere bus stand by the petitioner on the evening of 02.01.2024 and thereafter he married her and had sexual intercourse. He submits that whereabouts of the victim girl from morning of 01.01.2024 till the evening of 02.01.2024 is not explained by her. Accordingly, he prays to allow the petition.
7. Per contra, learned HCGP for respondent No.1 has opposed the petition. He submits that the victim girl is a minor. The alleged offences therefore get attracted against the petitioner. Accordingly, he prays to dismiss the petition.
8. The first informant had approached the police on 04.01.2024 and in the first information she has stated that her minor daughter studying in SSLC who had gone to school on 01.01.2024 at about 9.00 a.m, had not returned home. Efforts made by her to trace the victim girl had -5- NC: 2024:KHC:40882 CRL.P No. 9616 of 2024 failed. Since she suspected the hands of the petitioner, the first information was registered initially against the petitioner for the offence punishable under Section 363 of IPC. During the course of the investigation, the petitioner and the victim girl were traced together. The victim girl's statement was recorded under Section 164 of Cr.P.C, before the jurisdictional Magistrate on 10.01.2024, wherein she has stated that on 02.01.2024 after attending her school she was in the bus stand at Davanagere and the petitioner who came there asked her to accompany him to get married. Though the victim girl had initially opposed thereafter she had accompanied him and they had traveled in a bus to Naraganahally and got married in a temple and subsequently they traveled in a bus to Bengaluru and stayed in a lodge for about 3 days. The police came to the said lodge and brought the petitioner and the victim girl back to their village. She has not made any allegation against the petitioner about he committing sexual assault on her when they were staying in the lodge. She has also not explained her whereabouts from the -6- NC: 2024:KHC:40882 CRL.P No. 9616 of 2024 morning of 01.01.2024 till the evening of 02.01.2024. Investigation in the case is complete and charge sheet has been filed. Undisputedly, the petitioner has no criminal antecedents.
9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.
10. Accordingly, the following:
ORDER The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.No.32/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Davanagere, arising out of Crime No.7/2024 registered by Davanagere Rural Police Station, Davanagere District for the offences punishable under Sections 366A & 376 of IPC, Section 4(2) of the Protection of Children from Sexual Offences Act, 2012 & Section 9 of the Prohibition of Child Marriage (Karnataka -7- NC: 2024:KHC:40882 CRL.P No. 9616 of 2024 Amendment) Act, 2016, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS