Karnataka High Court
Charan D R vs State Of Karnataka on 9 July, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:26216
CRL.P No. 4376 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4376 OF 2024 (439)
BETWEEN:
CHARAN D. R.
S/O RANGAWAMY
AGED ABOUT 22 YEARS
R/O. NARASIPURA VILLAGE
SALAGAME HOBLI.
HASSAN TALUK AND DIST-573 201.
...PETITIONER
(BY SRI GIRISH B. BALADARE., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY WOMEN POLICE STATION
HASSAN DISTRICT-573 201
REPRESENTED BY
Digitally
signed by STATE PUBLIC PROSECUTOR
SHILPA R
TENIHALLI HIGH COURT BUILDING
Location:
HIGH BANGALORE-560 001.
COURT OF
KARNATAKA
2. RAJALAKSHAMMA A.M.
W/O LATE VENKATARAMANAIAH
AGED ABOUT 49 YEARS
R/O HALUVAGALU ROAD
4TH CROSS, TANNERUHALLA
HASSAN-573 201.
...RESPONDENTS
(BY SRI CHANNAPPA ERAPPA, HCGP ; NOTICE TO R2 IS HELD
SUFFICIENT)
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NC: 2024:KHC:26216
CRL.P No. 4376 of 2024
THIS CRL.P IS FILED U/S.439 CR.PC PRAYING TO ALLOW
THE PETITION AND ENLARGE THE PETITIONER ON REGULAR
BAIL IN SPECIAL CASE (POCSO) NO.03/2024 PENDING ON THE
FILE OF ADDITIONAL DISTRICT AND SESSION JUDGE FTSC-I
AT HASSAN, ARISING OUT OF CRIME NO.0108/2023
REGISTERED BY THE HASSAN WOMEN POLICE, HASSAN
DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTION
363, 366A, 114, 376 OF IPC AND SEC. 4, 8, 17 OF THE
PROTECTION OF CHILDREN FROM SEXUAL OFFENSES ACT,
2012.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.1 in Special Case (POCSO) No.3/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Hassan, arising out of Crime No.108/2023 registered by Hassan Women Police Station, Hassan for offence punishable under Sections 363, 366A, 114 and Section 376 of IPC and Sections 4, 8 and 17 of POCSO Act, is before this Court under Section 439 of IPC.
2. Heard learned counsel for both parties. -3-
NC: 2024:KHC:26216 CRL.P No. 4376 of 2024
3. FIR in Crime No.108/2023 was registered by Hassan Women Police Station, Hassan against accused persons for offence punishable under Section 363 of IPC on the basis of the first information dated 19.10.2023 received from second respondent herein, who is the mother of the victim girl aged about 16 years. Immediately after the registration of the FIR on 19.10.2023 at about 15:30 hours, the victim and the petitioner were traced and the petitioner was produced before the jurisdictional Court on 20.10.2023 and remanded to judicial custody. Investigation in the case is completed and the charge sheet has been filed against 3 accused persons. Petitioner herein is arrayed as accused No.1 in the chare sheet. His bail application before the Trial Court in SC No.3/2023 was rejected on 11.03.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that petitioner has no criminal antecedents and he is in custody for the last nearly 9 months. Investigation in the case is completed and the charge sheet has been filed. The victim -4- NC: 2024:KHC:26216 CRL.P No. 4376 of 2024 is a stranger to the petitioner and the medical documents of the victim do not demonstrate that she had suffered any sexual assault. He accordingly prays to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the petition. He submits that the victim has supported the case of the prosecution in her statement under Section 164 of Cr.P.C. recorded before the jurisdictional Magistrate. The allegation of sexual assault on the victim girl is only against the petitioner. Accordingly, he prays to dismiss the petition.
6. From a perusal of the material available on record it is seen that the victim girl, who was studying in 10th standard had abandoned school and was in her house. On 13.10.2023, since her mother had scolded her, she allegedly had left her house and at the instance of her friend, accused No.3, she had gone to bus stand in Hassan. Thereafter, accused No.3 and the victim had traveled to Sakaleshpura. They stayed in the house of accused No.3 in Sakaleshpura till 17.10.2023. On -5- NC: 2024:KHC:26216 CRL.P No. 4376 of 2024 17.10.2023 accused No.3 along with the her minor brother and victim girl came to Hassan. Accused Nos.1 and 2, who were the friends of accused No.3 joined them in Hassan. Accused No.3 had booked two rooms in Satya Comforts at Hassan and all of them had stayed in the said rooms. The victim had stayed in room No.204 along with the minor brother of accused No.3 and the petitioner herein. The petitioner allegedly had sexually assaulted the victim in the said room on the intervening night of 17.10.2023 and 18.10.2023. On 18.10.2023, all of them had checked into Pawanaputra resort in Industrial Area, Hassan. When they were in the said resort, police came there on 19.10.2023 and had apprehended the victim and the petitioner along with others.
7. The material available on record would go to show that though the victim girl was missing from 13.10.2023 itself, the first informant had not lodged any missing complaint till 19.10.2023. FIR has been registered only on 19.10.2023 at about 15:30 hours. The police had apprehended the victim and the petitioner -6- NC: 2024:KHC:26216 CRL.P No. 4376 of 2024 herein from Pawanaputra resort on 19.10.2023 at about 4:45 p.m., that is even before the FIR had reached the jurisdictional Magistrate. FIR in the present case had reached jurisdictional Magistrate only at 17:30 hours. The medical records of the victim do not support the allegation against the petitioner. The doctor who has examined the victim girl has given a report and there are no signs of recent sexual assault on the victim. Even the FSL report does not support the allegation against the accused. Undisputedly, the petitioner has no criminal antecedents and he is aged about 22 years. He is custody from 20.10.2023. Investigation in the case is completed and the charge sheet has been filed. Accused No.3 has been enlarged on bail by this Court in Crl.P.No.12847/2023 dated 20.12.2023. Allegation against the petitioner is required to be proved in full fledged trial. Therefore, I am of the considered opinion that the prayer made in this petition is required to be answered affirmatively. Accordingly, the following order:
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NC: 2024:KHC:26216 CRL.P No. 4376 of 2024 ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail, arising out of Crime No.108/2023 registered by Hassan Women Police Station, Hassan for offence punishable under Sections 363, 366A, 114 and Section 376 of IPC and Sections 4, 8 and 17 of POCSO Act pending before the Court of Addl. District and Sessions Judge, FTSC-I, Hassan subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of `1,00,000/- 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;-8-
NC: 2024:KHC:26216 CRL.P No. 4376 of 2024
d) The petitioner shall not involve in similar offences in future;
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JUDGE NJ List No.: 19 Sl No.: 14