Karnataka High Court
Jeevan Hv vs State By Women P S Hassan on 30 July, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:29961
CRL.P No. 6374 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6374 OF 2024
BETWEEN:
JEEVAN H.V
S/O LATE VENKATESH MURTHY
AGED ABOUT 19 YEARS
R/O NO.3313, LAKSHMI NILAYA
KRISHNA NAGARA, HASSAN CITY
HASSAN - 573 201.
...PETITIONER
(BY SRI GIRISH B BALADARE, ADV.)
AND:
1. STATE BY WOMEN P.S. HASSAN
HASSAN - 573 201
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE - 560 001.
Digitally
signed by
NANDINI MS 2. NAGAMMA
Location: W/O LATE NAGARAJU
High Court of
Karnataka AGED ABOUT 54 YEARS
R/O BEHIND RTO
SRI RAMANAGARA
BEHIND THE RTO OFFICE
HASSAN - 573 201.
...RESPONDENTS
(BY SRI CHANAPPA ERAPPA, HCGP FOR R-1;
R-2 SERVED)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE
THE PETITIONER ON REGULAR BAIL IN CR.NO.41/2024 PENDING ON
THE FILE OF 7TH ADDL. CIVIL JUDGE (JR.DN.) AND JMFC AT
HASSAN, REGISTERED BY THE HASSAN WOMEN POLICE, HASSAN
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NC: 2024:KHC:29961
CRL.P No. 6374 of 2024
DISTRICT, FOR THE OFFENCE P/U/S 363, 366A, 376 R/W 34 OF IPC
AND SEC. 4 AND 17 OF THE POCSO ACT, 2012 ON SUCH TERMS AND
CONDITIONS DEEMS FIT.
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 No.2 in Crime No.41/2024 registered by Hassan Women Police Station, Hassan City for the offences punishable under Sections 363, 366A, & 376 R/w 34 of IPC and Sections 4 & 17 of the Protection of Children from Sexual Offences Act, 2012 ( for short, 'POCSO Act') 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.
4. FIR in Crime No.41/2024 was registered by the Hassan Women Police Station, Hassan against Bhavish Gowda and two others for the offences punishable under Sections 363, 366A R/w 34 of IPC on the basis of first -3- NC: 2024:KHC:29961 CRL.P No. 6374 of 2024 information received from Smt.Nagamma, who is the grandmother of the victim girl. The petitioner was arrayed as accused No.2 in the FIR. During the course of investigation, he was arrested on 25.05.2024. Investigation in the case is complete and charge sheet has been filed.
5. The bail application filed by the petitioner before the Trial Court was dismissed on 18.06.2024. Therefore, he is before this Court.
6. Learned counsel for the petitioner submits that there is no allegation of sexual assault as against the petitioner herein. The petitioner is a student aged about 19 years. The victim girl has not made any allegation against any of the accused in her statement under Section 164 of Cr.P.C, Accordingly, he prays to allow the petition.
7. Per contra, learned HCGP has opposed the petition.
8. FIR in Crime No.41/2024 was registered initially for the offences punishable under Sections 363, 366A R/w -4- NC: 2024:KHC:29961 CRL.P No. 6374 of 2024 34 of IPC against Bhavish and two others, after the victim who was studying in II PUC was found missing from her house. During the course of investigation, on 24.05.2024, the victim was traced along with accused No.1 at Mudigere and they were brought back. On enquiry, the victim girl allegedly informed the Police that she was in love with accused No.1 who was her senior in her college. On 23.04.2024, accused No.1 allegedly picked up the victim girl in his car bearing registration No.KA-41-MA-9992. The petitioner and other accused persons, who are the friends of accused No.1 were also present in the said car. Thereafter, all of them traveled together to Dharmasthala and from Dharmasthala they went to Subramanya and from Subramanya via Sakleshpura, they arrived at Mudigere. In Mudigere, accused No.1 allegedly booked a room in a lodge and checked into the said room along with the victim girl. The other accused persons who are friends of accused No.1 came back to their village. In the room at Mudigere, accused No.1 allegedly had sexual intercourse with the victim girl against her wishes. After recording the -5- NC: 2024:KHC:29961 CRL.P No. 6374 of 2024 statement of the victim girl, the offence punishable under Section 376 of IPC and also the offences punishable under the provisions of POCSO Act were invoked against the accused persons. The statement of the victim girl under Section 164 of Cr.P.C, was recorded before the jurisdictional Magistrate on 29.05.2024. The victim girl has not made any allegations against any of the accused. On the other hand, she has stated that her grandmother on suspicion had approached the police and submitted a first information. The charge sheet is filed against the petitioner only for the offences punishable under Section 363, 366A and Section 17 of the POCSO Act. The petitioner is a student aged about 19 years. Under the circumstances, I am of the opinion that the prayer made by him for grant of bail is required to be answered affirmatively.
9. Accordingly, the following:
ORDER The Criminal Petition is allowed. -6-
NC: 2024:KHC:29961 CRL.P No. 6374 of 2024 The petitioner is directed to be enlarged on bail in Crime No.41/2024 registered by Hassan Women Police Station, Hassan City for the offences punishable under Sections 363, 366A, & 376 R/w 34 of IPC and Sections 4 & 17 of the Protection of Children from Sexual Offences Act, 2012, 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;
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS