Karnataka High Court
Mr Mahantesh S/O Lakshmappa ... vs State Of Karnataka on 9 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103711 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF DECEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103711 OF 2022
BETWEEN:
MR MAHANTESH
S/O LAKSHMAPPA MUNDALAMANI
AGE.21 YEARS,OCC.COOLIE,
R/O. SOMAPUR-583232
TQ. KUKNUR, DIST. KOPPAL
...PETITIONER
(BY SRI. NEELENDRA.D.GUNDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KUKNUR TOWN POLICE STATION,
R/BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING DHARWAD-580001
2. MALLAPPA S/O UDACHAPPA KURI
AGE.56 YEARS, OCC. AGRICULTURE,
R/O. SOMPUR - 583232
TQ. KAKANOOR, DIST. KOPPAL
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR RESPONDENT NO.1
RESPONDENT NO.2 SERVED)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN
CRIME NO.21/2022 PENDING BEFORE ADDITIONAL DISTRICT
AND SESSIONS JUDGE, FTSC-1, AT KOPPAL REGISTERED WITH
KUKNUR TOWN POLICE REGISTERED FOR THE OFFENCES
PUNISHABLE U/S 363, 376(2)(I) OF IPC AND SECTION 6 OF
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012,
OF SPL.SC POCSO NO.21/2022.
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CRL.P No. 103711 of 2022
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the sole accused 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.21/2022 of Kuknoor Police Station registered for the offences punishable under Sections 363 and 376(2)(i) of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 6 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 father of the victim girl has filed the complaint stating that, his daughter/victim girl, aged 15 years, was found missing in the early morning on 26.02.2022 and he searched for her and she was not traced, hence, filed the complaint. The said complaint came to be registered in Crime -3- CRL.P No. 103711 of 2022 No.21/2022 of Kuknoor Town Police Station for an offence under Section 363 of IPC against unknown person. During the course of investigation, the victim was secured on 28.02.2022 and her statement was recorded. The petitioner came to be arrested on 01.03.2022 and he is in judicial custody. The Police after investigation filed charge sheet against the petitioner for the offences under Sections 376(2)(i) and 363 of IPC and Section 6 of POCSO Act. The petitioner who is in judicial custody, has filed bail application in Spl.SC POCSO No.21/2022 and the same came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Koppal, by order dated 26.05.2022. 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 the respondent- State. Respondent No.2, in spite of service of notice, remained absent and unrepresented. -4- CRL.P No. 103711 of 2022
4. The learned counsel for the petitioner would contend that the victim girl, who was found missing on 26.02.2022, was secured on 28.02.2022 and her statement is recorded and in her statement she has stated that she is having love affair with this petitioner since two years and she voluntarily went along with the petitioner to different places and earlier he had sexual intercourse with her. It is his further submission that, the Doctor, who examined the victim girl has noted that there are no external injuries and her hymen is ruptured. The statement of the victim girl has been recorded under Section 164 ofCr.P.C. wherein she has stated that, she is having love affair with this petitioner and as her parents were beating her, she eloped with this petitioner. There are no allegation of sexual intercourse in the said statement. As charge sheet is filed, the petitioner is not required for custodial interrogation. The victim girl is of the age of -5- CRL.P No. 103711 of 2022 understanding the consequences of her acts. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that, the date of birth of the victim girl as per her school records is 11.03.2007. the victim girl in her statement has specifically stated the sexual intercourse committed by this petitioner on her two times. The Doctor, who examined the victim girl is noted that her hymen is ruptured. Charge sheet material shows prima facie case against the petitioner for the offences alleged against him. 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.
7. The date of birth of the victim girl as per her school records is 11.03.2007. She was aged -6- CRL.P No. 103711 of 2022 about 15 years as on the date of the alleged offence. The victim girl in her statement recorded by the police and also recorded under Section 164 of Cr.P.C. has stated that she is having love affair with this petitioner. The Doctor who examined the victim girl has noted that there are no external injuries over the body of the victim girl and her hymen is ruptured. The victim girl is of the age of understanding the consequences of her acts. The victim girl has not alleged any sexual intercourse in her statement recorded under Section 164 Cr.P.C. As charge sheet is filed, the petitioner is not required for custodial interrogation.
8. The main apprehension of the prosecution is that, if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses, can be met with by imposing stringent conditions.
-7-CRL.P No. 103711 of 2022
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 is ordered to be released on bail in Crime No.21/2022 of Kuknoor Police Station subject to the following conditions:
i) The petitioner/accused 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 shall not indulge in tampering the prosecution witnesses. -8- CRL.P No. 103711 of 2022
iii) The petitioner/accused shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE kmv