Karnataka High Court
Shri Vishal S/O Annappa Navi vs The State Of Karnataka on 22 August, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22 n d DAY OF AUGUST 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102154/2022
BETWEEN:
SHRI VISHAL S/O ANNAPPA NAVI
AGE.19 YEARS , OCC. DRIVER
R/O PAMALDINNI, TQ. GOKAK
DIST. BELAGAVI- 591306
...PETITIONER
(BY SRI.S .M. MUCHANDI, ADV OCATE)
AND:
1. THE STATE OF KARNATAKA
THE POLI CE INSPECTOR
GHATPRABHA POLI CE STATION
TQ. GOKAK , DIST . BELGAVI-591306
REPRES ENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
HIGH COURT OF K ARNATAKA
AT DHARWAD BEN CH-580011.
2. SHRI SHANTAPPA
S/O YAMANAPPA RAJAPURE
AGE.33 YEARS , OCC. FARMER
R/O PAMALDINNI, TQ. GOKAK
DIST. BELGAVI- 591306
... RES PONDENTS
(BY SRI. PRAS HAN TH V. MOGA LI, HCGP FOR RES PONDENT NO.1.
RESPOND ENT NO.2 SERVED .)
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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO THAT THE PETITION MAY BE ALLOWED AND THE
PETITIONER/ACCUSED BE ENLARGED ON BAIL BY IMPOSING
REASONABLE CONDITIONS IN GHATAPRABHA P.S.
CR.N O.38/ 2022 U/ S 366(A), 376(1) OF IPC AND 4 A ND 6 OF
POCS O ACT , (S PL.CASE NO.94/ 2022) PENDING ON THE FILE OF
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I,
BELAGAVI .
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE F OLLOWING:
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.38/2022 of Ghataprabha Police Station registered for the offences punishable under Sections 366A and 376(1) of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, pending in Spl.Case No.94/2022 on the file of the Hon'ble Additional District and Sessions Judge, FTSC-I, Belagavi.
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2. The case of the prosecution is that, one Sri.Shantappa Yamanappa Rajapur has filed the complaint stating that he is residing at Pamaldinni village along with his family and he is having a minor daughter-victim girl, aged 14 years. It is further stated that, on 07.02.2022, the victim girl left the house at 5:30am and did not return and the complainant and his relatives made search but she was not traced. It is also noticed that the petitioner was also missing from the village on that day. Later, on 09.02.2022, at 6:00pm, the complainant's daughter/victim girl returned to the house and upon enquiry, she stated that the petitioner took her in his red car to Boragoan and then near Chikkodi and on 08.02.2022 at about 3:00 am he committed sexual intercourse on her in the car itself and subsequently, on 09.02.2022, the petitioner took her to Koujalagi village and then returned to Pamaldinni village and dropped her at the bus stand. The said complaint came to be registered in Ghataprabha Police Station Crime No.38/2022 for the aforesaid offences. The petitioner came to be arrested on 14.02.2022 and he is in 4 judicial custody.The petitioner filed Crl.Misc. No.684/2022 and the same came to be rejected by the learned Additional District and Sessions Judge, FTSC-I, Belagavi on 21.07.2022. 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 respondent No.1-State.
Respondent No.2 was present on the last date of hearing and he prayed not to grant bail to the petitioner.
4. The learned counsel for the petitioner would contend that the victim girl found missing on 07.02.2022 and she returned on 09.02.2022 and the complaint has been filed on 12.02.2022 and there is delay in filing the complaint and there is no proper explanation. It is the further submission that the Doctor, who examined the victim girl has only stated that hymen is ruptured and there is no sign of recent sexual intercourse. The Doctor 5 who examined her has not ascertained the age of the victim girl. The Doctor after receipt of the FSL report has given his final opinion stating that seminal stains, spermatozoa and skin tissue were not detected in the articles sent. It is his further submission that the statement of the victim girl has also been recorded under Section 164 of Cr.P.C. The Aadhar card of the petitioner/accused shows that the date of birth is 13.02.2002 and he is aged 19 years as on the date of the complaint. It is his further submission that charge sheet is filed and the petitioner is not required for any custodial interrogation. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader would contend that the victim girl in her statement recorded under Section 164 Cr.P.C. has specifically stated that the petitioner had sexual intercourse with her. The date of birth of the victim girl is 20.02.2008 as per her school records. The Doctor, who 6 examined the victim girl has noted that hymen is ruptured. On looking to the charge sheet material, there is prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, he will threaten 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, the learned High Court Government Pleader for respondent No.1 and the submission of the respondent No.2, this Court has gone through the charge sheet records.
7. The date of birth of the victim girl as per her school records is 20.02.2008. The Doctor who examined the victim girl has not ascertained the age of the victim girl by radiological or dental examination The Doctor, who examined the victim girl has stated that hymen is ruptured and there are no injuries noted. He has also opined that there is no signs of recent sexual intercourse. The Doctor, who has collected the clothes and other 7 articles and sent the same to the FSL. After receipt of the FSL report, the doctor has given his opinion stating that seminal stains, spermatozoa and skin tissue were not detected in the articles sent. The petitioner is aged 19 years as on the date of the complaint. The petitioner is in judicial custody since 14.02.2022 and as charge-sheet is filed, he is not required for any custodial interrogation. If the petitioner is continued in prison, he will come in contact with hardened criminals. There are no criminal antecedents of the petitioner. With this he prayed to reject the petition.
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.
8. 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 8 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 shall be released on bail in Crime No.38/2022 of Ghataprabha 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.
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