Karnataka High Court
Khajamohinuddin S/O Allasab Savoor vs State Of Karnataka on 11 June, 2024
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NC: 2024:KHC-D:7779
CRL.P No. 101488 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 101488 OF 2024 (439)
BETWEEN:
KHAJAMOHINUDDIN S/O. ALLASAB SAVOOR,
AGED ABOUT 26 YEARS, OCC: COOLIE,
R/O: MARANABEEDA, TQ: HANGAL,
DIST: HAVERI - 581202.
...PETITIONER
(BY SRI. ARAVIND D. KULKARNI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THROUGH ADUR POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
DHARWAD - 580011.
2. SMT. SHOBA GUDDAPPA JADAR,
AGE: 38 YEARS, OCC: LABOURER,
R/O: MARANABIDA VILLAGE,
CHANDRASHEKAR TQ: HANGAL, DIST: HAVERI - 581202.
LAXMAN
KATTIMANI
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
HIGH SEEKING TO ALLOW THE PETITION AND ENLARGE THE
COURT OF
KARNATAKA PEITITONER/ACCUSED NO.1 ON BAIL IN SPL.SC NO.22/2024 (ADUR
P.S. CRIME NO.15/2024) PENDING ON THE FILE OF ADDL. DISTRICT
AND SESSIONS JUDGE AND FTSC-1, AT HAVERI, REGISTERED FOR
THE OFFENCES P/U/SEC 376(3), 376, 344, 363, 366, 376(2) (n) OF
IPC AND U/SEC. 4, 6, 8 AND 12 OF PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES ACT, 2012.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:7779
CRL.P No. 101488 of 2024
ORDER
Heard Sri. Aravind D. Kulkarni, learned counsel for the petitioner and Smt.Kirtilata R. Patil, learned HCGP for the respondent-State.
2. The petitioner/accused No.1 is seeking regular bail in Crime No.15/2024 of Adur Police Station, for offences punishable under Sections 376(3), 376, 344, 363, 366, 376(2)(n) of Indian Penal Code (for short "IPC") and under Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act (for short 'POCSO Act') 2012.
Brief facts of the case:
3. It is the case of the prosecution that Smt. Shobha Guddappa Jadar lodged a complaint on 25.01.2024 stating that she is the resident of Maranabidu village and she is having a daughter who is aged about 15 years and 9 months. Her daughter studied upto S.S.L.C in Government High School. On 22.01.2024, her daughter went to school, however, she did not return till evening. Though, she enquired the school authority, they informed -3- NC: 2024:KHC-D:7779 CRL.P No. 101488 of 2024 her that, her daughter had not attended the school as on the date. Thereafter, the complainant started searching the whereabouts of the victim, as she could not get the information, she filed a missing complaint on 25.01.2024 against unknown persons. After receiving the complaint, case has been registered and the jurisdictional police have conducted investigation. During the said investigation, they found that the petitioner involved in the said offence. Therefore, chargesheet came to be filed against above said offences.
4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offence though he belongs to different community, he had no intention to deceive or induce anybody. The victim was loving petitioner and she intended to marry him and threatened him to take her along with him. Consequently, he took her along with him and stayed for 11 days during the interregnum period and he married her. The petitioner and the victim were secured by the jurisdictional police -4- NC: 2024:KHC-D:7779 CRL.P No. 101488 of 2024 and brought them back and recorded statement of the victim and the petitioner has been sent to judicial custody.
5. Per contra, learned HCGP vehemently opposed the bail petition and submitted that the incident had taken place even though the victim was minor. The statement of the victim is very clear that the petitioner was forcing her to love him and induced her to marry him and took her to different places including Bengaluru. There, he stated to have committed sexual assault. When they were staying at Bengaluru they have been secured by the jurisdictional police. Since, the petitioner has committed heinous offence, he is not entitled for bail.
6. After having considered the learned counsel for respective parties and also perused the averments of the chargesheet, it appears from the record that initially the complaint came to be registered by the mother of the victim against unknown persons. Subsequently, during investigation, the facts have been unfolded in such a way that the petitioner was insisting the victim when she was -5- NC: 2024:KHC-D:7779 CRL.P No. 101488 of 2024 school to going and inducing her to accompany him. He took her along with him and said to have committed sexual assault. However, on perusal of the medical history of the victim, she has given history before the Doctor stating that both herself and petitioner have married each other and thereafter, he said to have committed sexual assault. Now, it is relevant to refer Section 375 exception 2 of the IPC which reads thus under:
"Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape."
7. Having considered the above said provision, it makes it clear that so far as the allegation against the petitioner in respect of offence under Section 376(2)(n) could not be attracted against the petitioner and therefore, the petitioner may be enlarged on bail by imposing suitable conditions.
8. Hence, I proceed to pass the following: -6-
NC: 2024:KHC-D:7779 CRL.P No. 101488 of 2024 ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.15/2024 of Adur Police Station, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:
a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
b) The petitioner shall not leave the jurisdiction of the Court till disposal of the case.
c) The petitioner shall appear before the Trial Court on all dates of hearing without fail.
Sd/-
JUDGE RKM CT:ANB List No.: 1 Sl No.: 19