Karnataka High Court
Mr. Kiran Kumar D vs State Of Karnataka on 7 February, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:5276
CRL.P No. 762 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 762 OF 2024
BETWEEN:
1. MR. KIRAN KUMAR D S/O DEENA K,
AGED 32 YEARS,
R/A NO 31, 3RD MAIN ROAD,
VINAYAKANAGARA,
NEAR VIDYAPEETA CIRCLE,
BSK 1ST STAGE BANGALORE-560050.
...PETITIONER
(BY SRI. DILIPKUMARGOWDA R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH THE INSPECTOR OF POLICE,
TILAK NAGAR POLICE STATION,
REPRESENTED BY STATE
PUBLIC PROSECUTOR,
Digitally HIGH COURT OF KARNATAKA,
BANGALORE-560001
signed by
...RESPONDENT
LAKSHMI T
(BY SRI. RANGASWAMY R., HCGP)
Location:
High Court THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO GRANT
REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH
of Karnataka
CR.NO.290/2023 OF TILAK NAGAR POLICE STATION, FOR THE
OFFENCES P/U/S 376 AND 506(b) R/W 34 OF IPC AND SEC. 4
AND 6 OF POCSO ACT IN ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, FTSC-III.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:5276
CRL.P No. 762 of 2024
ORDER
This petition is filed under Section 439 of Cr.P.C. by accused No.1 to enlarge him on bail in Cr.No.290/2023 of Thilaknagar Police, Bengaluru City, registered for the offence punishable under Section 4 and 6 of the POCSO Act, 2012.
2. Heard the learned counsel for petitioner, the learned High Court Government Pleader and perused the material on record.
3. Respondent No.2 is served, however, there is no representation.
4. In the complaint lodged by the victim, she has alleged that she has studied upto 10th standard. About one year prior, her parents met with an accident and died. Since she had to look after her grand parents and brother, she was looking for a job. She attended an interview at "White Rabbit Spa and Massage Parlour" after coming to know about the vacancy therein, through an App called -3- NC: 2024:KHC:5276 CRL.P No. 762 of 2024 "Work India App" and joined as a massage therapist in the said Spa. It is alleged that the petitioner/accused No.1- owner of the said massage parlour used to hug and kiss her and on 18.10.2023 when she was alone in the massage parlour, he switched off the camera and at knife point forced her to undress and committed forcible sexual intercourse with her and then threatened her etc. When she informed the matter to accused No.2, the said accused scolded and told her to co-operate etc.
5. The learned High Court Government Pleader contends that the statement of victim has been recorded under Section 164 of Cr.P.C. and therefore, there is a prima facie case against the petitioner. Victim is a minor and therefore, the petitioner is not entitled for bail and seeks to dismiss the petition.
6. The learned counsel for petitioner has drawn the attention of the Court to the complaint filed by accused No.2-Shantha with Thilaknagar Police, wherein -4- NC: 2024:KHC:5276 CRL.P No. 762 of 2024 she has alleged that the victim herein and two others have been blackmailing her and the owner of the Spa i.e., petitioner herein, stating that they should be given tips amount of Rs.50,000/- to Rs.1,00,000/-, otherwise they will file a false complaint against them alleging rape etc. He submits that the said complaint was sent to the police by post on 02.11.2023. Copy of the acknowledgment for having sent the complaint to Thilaknagar police station on 02.11.2023 has been furnished. The instant complaint is lodged on 03.11.2023.
7. It is alleged in the complaint that the victim has been working in one "White Rabbit Spa and Massage Parlour" since six months and the petitioner, owner of the said massage parlour used to harass her sexually. It is further alleged that on 18.10.2023, he committed forcible sexual intercourse on her at knife point and threatened her etc. The complaint averments shows that even after the incident she has attended the work. -5-
NC: 2024:KHC:5276 CRL.P No. 762 of 2024
8. In the complaint it is alleged that since six months the complainant was working in the Massage Parlour belonging to the petitioner and the petitioner was sexually harassing her etc. However, no complaint was lodged regarding the said harassment. The incident took place on 18.10.2023 and the complaint is lodged nearly after two weeks i.e., on 03.11.2023.
9. The learned counsel for the petitioner has also pointed out that the victim has made similar allegations against a person by name Sachin @ Dharnesh and a case was registered against the said accused and trial was held in Spl.C.C.No.20/2022 and he was acquitted in the said case.
10. The petitioner is arrested on 03.12.2023. The statement of the victim is already recorded under Section 164 Cr.P.C. Considering the facts and circumstances, the petitioner can be admitted to bail by imposing conditions. Hence, the following:
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NC: 2024:KHC:5276 CRL.P No. 762 of 2024 ORDER i. Petition is allowed.
ii. Petitioner/accused No.1 shall be released on bail in Crime No.290/2023 of Thilaknagar Police Station, subject to following conditions:
1. He 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.
2. He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in address.
3. He shall not directly or indirectly tamper with the prosecution witnesses.
4. He shall not indulge himself in committing any offence.
5. He shall appear before the Trial Court regularly.
SD/-
JUDGE TL List No.: 1 Sl No.: 36