Karnataka High Court
Sunil S/O. Huvani Devakari vs The State Of Karnataka on 19 December, 2024
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NC: 2024:KHC-D:18518
CRL.P No. 102854 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.102854 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
SUNIL S/O. HUVANI DEVAKARI,
AGE. 26 YEARS, OCC. MASON WORK,
R/O. THIMMAPUR, TQ. HALIYAL,
DIST. UTTARA KANNADA.
...PETITIONER
(BY SRI SURESH P. HUDEDAGADDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS HALIYAL POLICE STATION,
U.K. KARWAR AND R/BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580001.
2. SMT. GANGA W/O. PARASHURAM HONDADAKATTI,
AGE. 34 YEARS, OCC. COOLIE,
R/O. THIMMAPUR, TQ. HALIYAL,
Digitally signed by DIST. UTTARA KANNADA-581301.
MOHANKUMAR B
SHELAR
...RESPONDENTS
Location: HIGH
COURT OF (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
KARNATAKA NOTICE TO R2 IS SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. (U/SEC. 483 OF BNSS) SEEKING TO ENLARGE THE
PETITIONER/ACCUSED ON BAIL IN SPECIAL CASE NO.51/2024
(HALIYAL P.S. CRIME NO.53/2024) PENDING BEFORE THE ADDL.
DISTRICT AND SESSIONS JUDGE, FTSC-I, UK, KARWAR (SPECIAL
COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT) FOR THE
OFFENCE P/U/SEC. 376(2) (N) OF IPC AND UNDER SECTION 4 AND 6
OF POCSO ACT, 2012.
THIS CRIMINAL PETITION, COMING ON FOR DICTATING
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:18518
CRL.P No. 102854 of 2024
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is the sole accused has filed this petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (439 of Cr.P.C.) to grant him regular bail in Crime No.53/2024 of respondent PS, for the offences punishable under Sections 376(2)(n) of Indian Panel Code and Sections 4 and 6 of POCSO Act, 2012).
2. In support of the petition, the petitioner has contended that he has not committed the alleged offences and has been falsely implicated. There is delay of four months in filing the complaint. No explanation is offered for the delay. The petitioner is hailing from respectable family. He is having good and strong route in the society. He is the only earning member of the family. He is permanent resident of the address given in the cause title and owning movable and immovable properties. Already investigation is completed and charge sheet is filed and as -3- NC: 2024:KHC-D:18518 CRL.P No. 102854 of 2024 such, the continued custodial presence of the petitioner is not required for investigation. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial sureties to the satisfaction of the trial Court and hence, the petition.
3. Learned HCGP submitted oral objections stating that complainant is the mother of prosecutrix. She filed a complaint stating that she along with her three children stay with her parents in law. Prosecutrix is studying in 10th standard. Everyday she commute to Haliyal to attend school. Petitioner is known to her family. On 11.03.2024, she went to work to Haliyal Sugar Factory. Her brother Megharaj called her over phone and informed that since the prosecutrix was complaining stomach ache and has missed her period, the grandmother of prosecutrix has taken her to Government Hospital, Haliyal and he has also come to the Hospital and on examination, the Doctor informed that prosecutrix is pregnant.
4. Immediately, complainant also went to the hospital, and on enquiry, prosecutrix revealed that since -4- NC: 2024:KHC-D:18518 CRL.P No. 102854 of 2024 one year petitioner was pestering the prosecutrix, saying that he is in love with her. Though she spurned his advances and warned him not to come near her, he used to say that he would marry her. During December 2023, he committed rape on her. Thereafter, he took her to the land and committed rape repeatedly. On 04.02.2024 at 7.30 pm, petitioner committed rape on her in the backyard. As a result of the rape committed by the petitioner, proseuctrix became pregnant and hence, the complaint.
5. Based on the complaint the concerned police registered the case against the petitioner and investigation is taken up. The statement of the prosecutrix is recorded by the investigating officer and also under Section 164 of Cr.P.C. by the Judicial Magistrate. Since the prosecutrix is a minor, medical termination of pregnancy is carried out and the fetus is preserved for DNA examination. The petitioner was arrested and both prosecutrix and petitioner was subjected to medical examination. The blood sample of the prosecutrix and the petitioner were collected and -5- NC: 2024:KHC-D:18518 CRL.P No. 102854 of 2024 they were sent to FSL along with the fetus for DNA examination and DNA report is awaited. After conducting detailed investigation, charge sheet is filed and it makes out a strong prima facie case. In the event of granting bail, there is likelihood of petitioner involving in similar offences and tamper with the witnesses. He may also abscond and thereby delay and defeat the trial and pray to reject the petition.
6. Heard arguments and perused the records.
7. Thus, the charge sheet is filed against the petitioner for the offence punishable under Sections under Section 376(2)(n) of Indian Panel Code and Sections 4 and 6 of POCSO Act. The charge sheet reveal that as on the date of incident, the prosecutrix was aged 15 years. She was studying in 10th standard and daily committing to Haliyal for attending the school. The mother of the prosecutrix is also working in a Sugar factory, Haliyal. The statement of Megharaj, the maternal uncle reveal that the father of the proseuctrix is no more. The mother of the -6- NC: 2024:KHC-D:18518 CRL.P No. 102854 of 2024 prosecutrix along with her three children is staying with her parents-in-law.
8. On 11.03.2024, when the prosecutirx complained of stomach pain, her grandmother brought her to Government Hospital, Haliyal. Her uncle Megharaj and mother also joined them. On examination, the Doctor reveal that prosecutrix is four months pregnant. On enquiry, she disclosed the fact that since last one year, the petitioner was after her and repeatedly expressing his love to her. Though she spurned his advances, in the month of December 2023, he committed rape on her about 4-5 times in the backyard and also in the land. This fact came to the notice of the complainant only when the prosecutrix was taken to the hospital.
9. Since the prosecutrix is a minor, on the advice of the Doctor, the medical termination of pregnancy is carried out. The fetus was preserved for DNA examination. The petitioner was arrested and subjected to medical examination. The blood samples of prosecutrix and petitioner were collected and sent for examination by the -7- NC: 2024:KHC-D:18518 CRL.P No. 102854 of 2024 FSL. The DNA report is awaited. As on the date of the incident, the prosecutrix was aged 15 years. Petitioner is a married person having two children.
10. Having regard to the fact that prosecutrix is fatherless and her mother along with three children is staying with the grand parents of the prosecutrix, they are in a vulnerable situation. In the event of granting bail, the possibility of petitioner threatening or tampering with the witnesses cannot be ruled out. Having regard to the fact that maximum punishment prescribed is imprisonment for life, there is also possibility of petitioner absconding.
11. Taking to consideration these factors, this Court is of the considered opinion that petitioner is not entitled for bail and accordingly the following;
ORDER.
Petition filed by the petitioner/accused is rejected.
Sd/-
(J.M.KHAZI) JUDGE VMB, CT: UMD List No.: 1 Sl No.: 16