Sunil Kumar @ Kad vs State Of Karnataka on 25 November, 2019

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Karnataka High Court

Sunil Kumar @ Kad vs State Of Karnataka on 25 November, 2019

Bench: K.N.Phaneendra

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 25TH DAY OF NOVEMBER, 2019

                          BEFORE

    THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

           CRIMINAL PETITION No.7741/2019

BETWEEN:

Sunil Kumar @ Kad
S/o Narayanaswamy
Aged about 24 years
R/at Arabikothanur Village,
Kolar Taluk-563 101
                                               ...Petitioner
(By Sri.B.Anand, Advocate)

AND:

State of Karnataka
By Kolar Rural Police
Represented by
State Public Prosecutor
High Court of Karnataka
Bangalore-560 001.
                                           ...Respondent
(By Sri.Honnappa, HCGP)

       This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.No.118/2019 registered by Kolar Rural Police Station,
Kolar for the offence p/u/s 363 and 376 of IPC, Section 4
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of POCSO Act and Section 9 of Prohibition of Child
Marriage Act, 2006.

     This Criminal Petition coming on for Orders this day,
the Court made the following:

                        ORDER

Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.

2. Petitioner is a sole accused in Crime No.118/2019 of Kolar Rural police station for the offence punishable under Sections 363 and 376 of IPC and Section 4 of POCSO Act and Section 9 of Prohibition of Child Marriage Act, 2006.

3. On perusal of the charge-sheet as well as 164(5) of Cr.P.C, statement of the victim girl reveals that the petitioner-accused and victim girl were resident of Arabikothanur Village of Kolar District. They were known to each other and loving each other. Family members of 3 the victim girl were not happy with the said love affair. Therefore, they were always abusing her. In spite of that, victim girl telephoned to petitioner and asked him to take her away from the house otherwise she would die. Petitioner tried to convince her that she has not attained the age of majority, in spite of that, on her force, he took her to his maternal aunt's house and thereafter, they were traced by the respondent-Police. There is no allegation in the 164(5) of Cr.P.C., statement of the victim girl with regard to any sexual activity between them. Same has been stated in the 161 of Cr.P.C., statement and also in the charge-sheet.

4. Under the above stated circumstances, by taking into consideration the victim girl's statement and as she crossed the age of 17 years, in my opinion, petitioner-accused is entitled for grant of bail. Hence, the following:

ORDER The Petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with S.C. No.109/2019 (arising out of Crime No.118/2019 of Kolar Rural Police Station) on the file of II Additional Sessions Judge, Kolar, registered for the alleged offences, 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 two sureties 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 appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior 5 permission of the court till the case registered against him is disposed of.

(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.

Sd/-

JUDGE SB

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