Karnataka High Court
Nishanth vs The State Of Karnataka on 19 November, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:46652
CRL.P No. 11408 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11408 OF 2024
BETWEEN:
NISHANTH,
S/O KRISHNAPPA POOJARI,
AGED ABOUT 25 YEARS,
R/O UDEVARA VILLAGE,
BELAGODU HOBLI, SAKLESHPURA TALUK,
HASSAN DISTRICT - 573 201.
...PETITIONER
Digitally (BY SRI. PRATHEEP K.C, ADVOCATE)
signed by
NANDINI MS
AND:
Location:
High Court of
Karnataka 1. THE STATE OF KARNATAKA,
REPRESENTED BY SAKLESHPURA
TOWN POLICE STATION, HASSAN DISTRICT,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. Xxx
...RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1;
NOTICE TO R2 HELD SUFFICIENT VIDE ORDER DATED
19.11.2024)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE
PETITIONER ON BAIL IN SPL.C.NO.337/2024
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NC: 2024:KHC:46652
CRL.P No. 11408 of 2024
(CR.NO.148/2024) PENDING ON THE FILE OF HONBLE ADDL.
DISTRICT AND SESSIONS JUDGE, FTSC-1 AT HASSAN FOR THE
OFFENCE P/U/S 366A, 376(2)(n) OF IPC AND SEC.4, 6 OF
POCSO ACT BY SAKLESHPUR TOWN POLICE.
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.337/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Hassan arising out of Crime No.148/2024 registered by Sakaleshpura Town Police Station, Hassan for offences punishable under Sections 366A, 376(2)(n) of IPC, Sections 4 and 6 of POCSO Act, 2012 is before this Court under Section 439 of Cr.P.C., seeking regular bail.
2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1-State.
3. Respondent No.2 who is served in the matter has remained unrepresented before this Court.
4. F.I.R. in Crime No.148/2024 was registered by Sakaleshpura Town Police Station, Hassan against unknown person initially for offence punishable under Section 363 of IPC -3- NC: 2024:KHC:46652 CRL.P No. 11408 of 2024 on the basis of the first information dated 22.05.2024 received from respondent No.2, who is the mother of the victim girl, aged about 17 years. During the course of investigation victim girl and petitioner were traced together and brought back to their village. Petitioner was arrested on 24.05.2024 and subsequently produced before the jurisdictional Court and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court in Spl.C.No.337/2024 was rejected on 08.10.2024. Therefore, he is before this Court.
5. Learned counsel for the petitioner submits that petitioner and victim girl are in love. Petitioner who has no other criminal antecedents is in custody from the last nearly six months. Investigation in the case is completed and charge sheet has been filed. Victim girl has not made any serious allegations against the petitioner in her statement recorded under Section 164 of Cr.P.C. Accordingly, prays to allow the petition.
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NC: 2024:KHC:46652 CRL.P No. 11408 of 2024
6. Per contra, the learned HCGP has opposed the petition. He submits that victim is a minor and she has stated in her statement under Section 164 of Cr.P.C., that petitioner had forcible sexual intercourse with her. Accordingly, prays to dismiss the petition.
7. First informant who is the mother of the victim girl has stated in her first information that on 22.05.2024 when she returned home at about 5.00 pm, her minor daughter was found missing. Efforts made to trace her had failed. Therefore, on the same day at about 8.30 pm she had approached the Police and submitted first information. During the course of investigation of the case, petitioner and victim girl were traced together. Victim girl was subjected to medical examination and her statement under Section 164 of Cr.P.C., was recorded before the jurisdictional Magistrate on 30.05.2024. Victim girl aged about 17 years who was studying in I PUC has stated in her statement recorded under Section 164 of Cr.P.C. that she was in love with the petitioner for the last nine months. On 22.05.2024 petitioner had called her over mobile phone and had asked her to come out of the house, when she came out of the house she saw the petitioner who had arrived in front of her -5- NC: 2024:KHC:46652 CRL.P No. 11408 of 2024 house in a car. Petitioner and victim girl together went in the said car to the house of the petitioner at Udevara and thereafter they traveled in the said car to his aunt's house at Arehalli at Belur and stayed in the said house. In the said house petitioner's aunt, uncle, their children and also his grand mothers were present. Petitioner's brother allegedly informed the petitioner that criminal case was registered and asked him to return to the village and approach the Police. However, inspite of such information they did not approach the Police. On the next day petitioner had taken the victim girl to Mudigere and they had gone to a shop near Mudigere bus stand for purchase of clothes. From the said shop victim had contacted the Sakaleshpura Police and had informed them that she would be coming to the Police Station on the next day. However, Police had asked her to come to the Police Station on the same day, but she did not go to the Police Station and she returned with the petitioner and stayed in his aunt's house for a day and on the said day they had sexual intercourse and next day they went to the Police Station. Petitioner who is aged about 25 years, has no criminal antecedents and is in custody from 24.05.2024. Victim girl who had voluntarily accompanied the -6- NC: 2024:KHC:46652 CRL.P No. 11408 of 2024 petitioner and stayed in his relatives house, had thereafter contacted the Police and asked a day's time to return and she had stayed with the petitioner in his aunt's house and on the said day petitioner allegedly had sexual intercourse with her against her wishes. Considering the nature of allegations found in the charge sheet against the petitioner and also the statement made by the victim girl who is aged about 17 years, I am of the view that without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail is required to answered in affirmative. Accordingly, I pass the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Spl.C.No.337/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Hassan arising out of Crime No.148/2024 registered by Sakaleshpura Town Police Station, Hassan for offences punishable under Sections 366A, 376(2)(n) of IPC, Sections 4 and 6 of POCSO Act, 2012, subject to the following conditions:-7-
NC: 2024:KHC:46652 CRL.P No. 11408 of 2024
a) The 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;
e) The petitioner shall not involve in similar offences in future.
Sd/-
(S VISHWAJITH SHETTY) JUDGE GPG List No.: 1 Sl No.: 44 CT: BHK