Karnataka High Court
Sri Vijayakumar vs The State Of Karnataka on 10 November, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
BENGALURU
DATED THIS THE 10 T H DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.5472/2021
BETWEEN:
SRI VIJAYAKUMAR
S/O. SRI G. RAJA
AGED ABOUT 22 YEARS,
OPP. CANARA BANK,
DOMELIGHT CIRCLE,
KOLAR-563 101,
KARNATAKA
...PETITIONER
(BY SRI P.V. ANANTHARAMAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SUBRAMANYAPURA POLICE STATION,
BENGALURU,
REP. BY SPP
HIGH COURT OF KARNATAKA,
BENGALURU-560 001
... RESPONDENT
(BY SRI RAMESH B. CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN
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CR.NO.201/2019 OF SUBRAMANYAPURA P.S.,
BENGALURU CITY FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 366 AND 376
OF IPC AND SECTIONS 3 AND 4 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT THROUGH
VIDEO CONFERENCE AT DHARWAD BENCH
MADE THE FOLLOWING:
ORDER
This petition is filed by sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.201/2019 of Subramanyapura Police Station, registered for the offences punishable under Sections 366 and 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity), pending on the file of Additional City Civil and 3 Sessions Judge, Bengaluru in Spl.C.C. No.933/2019.
2. It is the case of the prosecution that, the victim girl lodged a complaint against the petitioner stating that her mother Smt. Indira was working as Teacher at Higher Secondary School in Chindikanahalli Village in Kolar District and they were residing in Domelight Circle Kolar; at that time the petitioner resident of Kolar made friendship with the victim girl through one Kumari Meghana and they began to love each other. The parents of victim came to know about the said love affair, therefore they vacated Kolar residence and shifted to Bengaluru. After that petitioner used to converse with the victim girl through mobile phone and during April 2018 petitioner gifted a mobile phone and Sim No.9964323207 4 to the victim; thereafter petitioner and victim used to meet each other frequently at City Market, Bengaluru. During November 2018 one day petitioner called the victim over mobile phone to come near City Market and at 10.30 a.m. he took her to Sangam Lodge near City Market, booked a room and while talking with her, the petitioner had sexual intercourse with her and thereafter sent her home in BMTC bus. Thereafter during December 2018 when the victim was conversing through mobile with the petitioner, her parents snatched her mobile phone and the victim lost contact with the petitioner; thereafter the petitioner did not make any call to the victim. On 11.07.2021 at about 7.30 p.m., as the victim was unconscious in the room her parents took her to Vani Vilas Hospital and when victim gained conscious the 5 Doctor enquired her about the pregnancy and on 11-12.07.2019 she gave birth to a dead female child. The said complaint came to be registered in Crime No. 201/2019 on the file of Subramanyapura Police Station for the aforesaid offences. The petitioner-accused came to be arrested on 13.07.2019 and remanded to judicial custody. The charge- sheet has been filed and now the case is pending in Spl.C.C. No.933/2019 on the file of the Additional City Civil and Sessions Judge, Bengaluru. The petitioner filed Crl.Misc. No.4387/2021 seeking bail and the same came to be rejected by the Additional City Civil and Sessions Judge, Bengaluru by order dated 07.06.2021. Therefore, the petitioner is before this Court seeking bail.
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3. Heard the learned counsel Sri P.V. Anantharaman appearing for the petitioner and Sri Shankar H.S., learned High Court Government Pleader for the respondent-State.
4. It would be the contention of the learned counsel for the petitioner that the victim was in love affair with the petitioner and the petitioner gifted her a Mobile phone and Sim and they were in constant touch with each other even after the victim and her parents shifted from Kolar to Bengaluru. It is his further submission that the parents and the victim were shifted from Kolar to Bengaluru to break the love affair between the victim and the petitioner. The charge-sheet has been filed and the petitioner is in judicial custody since 13.07.2019. There are no criminal 7 antecedents of the petitioner. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that the offence alleged against the petitioner is heinous offence punishable with imprisonment for life. The victim girl in her statement recorded under Section 164 of Cr.P.C., has stated that due to the act of the petitioner she became pregnant. The Doctor who examined the victim has opined that the victim has been used to an act like that on sexual intercourse. There is a prima facie case against the petitioner for the offence alleged against him. It is his further submission that, if, the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
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6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the records.
7. The accusation leveled against the petitioner is that he committed sexual intercourse on the victim and due to that she became pregnant and at the time of the alleged act victim was aged 17 years. On perusal of complaint and statement of the victim it is clear that the victim was in love affair with the petitioner and she used to interact with him over mobile phone. The victim was pregnant, underwent cesarean and gave birth to a dead female child. The victim was aged 17 years as on the date of offence and was aware of the consequences of her acts. The petitioner is in 9 judicial custody since 13.07.2019. As the charge-sheet is filed the petitioner is not required for any custodial interrogation. The petitioner is not having any criminal antecedents. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection can be set right by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail to the petitioner, subject to certain terms and conditions. Hence, I proceed to pass the following:
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ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner shall be released on bail in Crime No.201/2019 of respondent Police Station pending in Spl.C.C. No.933/2019 on the file of Additional City Civil and Sessions Court, Bengaluru, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall attend the Court on all the dates of hearing unless 11 exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE Sbs*