Karnataka High Court
Krishna S/O Yallappa Kavadimatti vs The State Of Karnataka on 23 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103102 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103102 OF 2022
BETWEEN:
KRISHNA S/O YALLAPPA KAVADIMATTI
AGE. 21 YEARS, OCC. LABOURER,
R/O. VIRUPAPUR TANDA GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL-583236
...PETITIONER
(BY SRI. GOVINDAGOUDA D. PATIL, ADV. FOR
SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(THROUGH GANGAVATHI TOWN PS,)
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD
2. SMT. LAXMIBAYI
S/O SHANKRAPPA BOGANI,
AGE. 40 YEARS, OCC, LABOURER,
R/O. VIRUPAPUR THANDA,
GANGAVATHI, TQ. GANGAVATHI,
DIST. KOPPAL-583236
...RESPONDENTS
(BY SRI. PRASHANTH V .MOGALI, HCGP FOR R1.
RESPONDENT NO.2 IS SERVED AND SHE HAS APPEARED TODAY.)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ALLOW THIS PETITION AND ENLARGE THE
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CRL.P No. 103102 of 2022
PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.SC. POCSO
NO.49/2022 PENDING ON THE FILE OF ADDITIONAL DISTRICT
AND SESSIONS JUDGE, FTSC-1 AT KOPPAL, IN CONNECTION
WITH CR.NO.132/2022 REGISTERED IN GANGAVATHI TOWN
POLICE STATION, FOR THE OFFENCES U/S 363, 366A, 376, 344,
109 OF IPC, 1860, AND SECTION 4 AND 17 OF POCSO ACT,
2012, PENDING TRIAL OF THE CASE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.132/2022 of Gangavathi Town Police Station, registered for the offences punishable under Sections 363, 366A, 376, 344 and 109 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 4 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act', for short).
2. The case of the prosecution is that, the mother of the victim girl has filed the complaint -3- CRL.P No. 103102 of 2022 stating that she is having four children including the victim girl, aged 16 years and she left the school after 4 t h -5 t h standard and she is doing coolie work. It is further stated that, on 02.07.2022 at about 7:00pm, the complainant told her daughter/victim girl not to go to work tomorrow and at that time, she argued with her and she went out and when she came back to the house, the victim girl was not in the house and it was about 8:00pm and they searched for her and she was not traced. Therefore, she field a complaint that somebody might have kidnapped her. The said complaint came to be registered in Crime No.132/2022 of Gangavathi Town Police Station for an offence under Section 363 of IPC against unknown person. The victim girl was secured and her statement was recorded. The petitioner came to be arrested on 15.07.2022 and he is in judicial custody. The Police after completing investigation, filed charge sheet against this petitioner and two others for the offences punishable -4- CRL.P No. 103102 of 2022 under Sections 363, 366A, 376, 344 and 109 of IPC and Sections 4 and 17 of POCSO Act. The petitioner filed bail application in Spl.SC POCSO No.49/2022 along with accused No.3 and the same came to be rejected so far as this petitioner is concerned by order dated 07.10.2022 and it came to be allowed so far as accused No.3 is concerned. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent No.1- State. Respondent No.2 physically appeared before the Court and prayed not to grant bail to the petitioner.
4. The learned counsel for the petitioner would contend that, the statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein the victim has specifically stated that she is having love affair with the petitioner and she went -5- CRL.P No. 103102 of 2022 along with the petitioner to Bengaluru where they voluntarily had sexual intercourse. It is his further submission that the Doctor who examined the victim girl has noted that her hymen is intact. It is his further submission that, as charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that, the charge sheet material shows prima facie case against the petitioner for the offences alleged against him. The victim girl has stated in her statement recorded under Section 164 Cr.P.C. that the petitioner had sexual intercourse on her. The date of birth of the victim girl is 01.06.2006 as per her school records. The Doctor who examined the victim girl has opined that there are signs suggestive of recent sexual intercourse and kept her final opinion pending for want of FSL report. Charge sheet material show prima facie case against the petitioner for the -6- CRL.P No. 103102 of 2022 offences alleged against him and if the petitioner is granted bail, there are chances of he threatening the complainant and other prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records and the order passed by the Sessions Court.
7. The date of birth of the victim girl as per her school records is 01.06.2006. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein she has specifically stated that she is having love affair with this petitioner and she voluntarily went along with him to Bengaluru. The Doctor who examined the victim girl has noted that her hymen is intact. The victim girl is of the age of understanding the consequences of her acts. The petitioner is aged 21 years and if he is kept in -7- CRL.P No. 103102 of 2022 prison, he will come in contact with hardcore criminals.
8. The main apprehension of the prosecution is that if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses. The said apprehension can be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.132/2022 of Gangavathi Town Police Station pending in Spl.SC.POCSO No.49/2022 on the file of the learned -8- CRL.P No. 103102 of 2022 Additional District and Sessions Judge, FTSC-I, Koppal, subject to the following conditions:
i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused No.1 shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
iv) The petitioner/accused No.1 shall not contact the victim girl either physically or over phone till disposal of the case registered against him.
Sd/-
JUDGE kmv