Karnataka High Court
Vinay vs The State Of Karnataka on 17 October, 2016
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER 2016
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.4871/2016
BETWEEN:
Vinay
S/o Prakash
Aged about 20 years
R/o Thangalagere Village
Mandya Taluk
and District-574 128. .. PETITIONER
(By Sri Chandrahasa Rai B, Adv.)
AND:
The State of Karnataka
By Keragodu Police Station
Mandya Taluk
Rep. by State Public
Prosecutor, High Court Building
Bengaluru-560 001. .. RESPONDENT
(By Sri B Visweswaraiah, HCGP)
This criminal petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in Cr.
No.194/2015 (Spl.C.No.55/2016) of Keragodu P.S., Mandya
District for the offences punishable under Section 376 of IPC
and Sections 4, 8, 12, 18 of POCSO Act.
2
This petition coming on for Orders this day, the Court
made the following :
ORDER
This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Section 354(B) of IPC and Sections 4, 8, 12, 18 of POCSO Act registered in respondent Police Station Crime No.194/2015.
2. Brief facts of the prosecution case are that the mother of the victim lodged the complaint alleging that she has two children, one of them is a son aged about 8 years and another is a daughter aged about 4 years. On 6.12.2015 at about 8.30 a.m., her children were playing near her new house. After some time, her son came to her house and told that the accused gave to him and his sister chocolate brought from the shop. His sister was playing with the accused. The complainant further alleged that her daughter came crying by holding her pant and informed that accused 3 took her inside the new house and ejaculated on her pant and she suspected that the accused has tried to rape her. She brought to the notice of the elders. After discussion, the elders advised her to lodge the complaint against the accused. Hence, the complainant lodged the complaint. On the basis of the said complaint, the case was registered by the respondent police.
3. I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.
4. Learned Counsel appearing for the petitioner made submission that looking to the prosecution materials, the statement of witnesses and the complaint, there is no offence attracting Section 4 of the POCSO Act. The allegation, at the most, falls under Sections 8 and 12 of the Act. The materials collected would show that there is no intercourse on the victim girl. The medical evidence that there was sexual assault on the victim girl is also not supporting case. 4 Investigation of the case is completed and the charge sheet has been filed. It is not necessary to continue the petitioner into custody. He is a student studying in the college and since from the date of his arrest, he is in custody. Because of that, he has already lost educational career. More so, if he is not released on bail, it would affect his career. Therefore, by imposing reasonable conditions, the petitioner may be admitted to bail.
5. Per contra, learned High Court Government Pleader appearing for the respondent-State, made submission that the offences alleged are under the provisions of the POCSO Act. The charge sheet has been filed under Section 376 of IPC also. He submitted that it is very heinous offence said to have been committed against the victim girl. Hence, he submitted that it is not a case for release of the accused.
6. I have perused the grounds urged in the bail petition, FIR, complaint charge sheet and the other materials 5 on record. I have also perused the order passed by the learned Sessions Judge on the bail application.
7. Looking to the allegations made in the complaint, the victim girl came crying by holding her pant. When the complainant verified, there was white patches on the pant. Investigation materials also show the complicity of the petitioner-accused No.1 in committing the alleged offence. The charge sheet is also filed for the offence under Section 376 of IPC. The victim is aged 4 years at the time of the incident. Therefore, looking to the materials placed on record, prima facie, it goes to show the involvement of the petitioner in committing the alleged offence. Considering all these materials placed on record, I am of the opinion, it is not a fit case to exercise discretion in favour of the petitioner. The petition is accordingly rejected.
Sd/-
JUDGE Cs/-