Karnataka High Court
Jagadish S/O. Shankar Savadatti vs The State Of Karnataka on 22 June, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22 N D DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.101091/2021
BETWEEN:
JAGADISH S/O. SHANKAR SAVADATTI,
AGE 21 YEARS, OCC: PRIVATE SERVICE,
R/O. 5TH CROSS, GOLLAR COLONY,
DHARWD.
...PETITIONER
(BY SRI. SHIVAPRASAD SATYENDRA PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH DHA RW AD TOWN POLICE
R/BY SPECIAL PUBLIC PROS ECUT OR,
HIGH COURT BENCH, D HARWAD
... RES PONDENT
(BY SRI. RAMESH CHIGARI , HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. PRAYIN G TO RELEASE ON
REGULAR BAIL IN DHARWAD TOWN P.S. CRIME
NO.44/ 2020 (SPL. S.C.NO.20/ 2020 PENDING ON THE
FILE OF II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, DHARWAD ) FOR THE OFFENCES PUNISHA BLE
UNDER SECTION S 363, 366, 343, 376 IPC AN D
SECTION 6 OF POCOS ACT , AND SECTION 9 OF
PREVENTION OF CHILD MARRIAGE A CT.
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THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the 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.44/2020 of Dharwad Town Police Station, registered for the offences punishable under Sections 363, 366, 343, 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) and Section 9 of Prohibition of Child Marriage Act, 2006 (pending in S.C.No.20/2020 on the file of II Additional District and Sessions Judge, Dharwad).
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2. The case of the prosecution is that, one Bhimappa S/o. Yallappa Gollar has filed complaint stating that, he is residing in Gollar colony, Dharwad with his family members and his daughter victim-girl is aged 17 years and she is studying in PUC 1 s t year in Presentation College, Dharwad. It is further stated that, on 26.05.2020 at 11.30 p.m., in the night the victim-girl was going outside and at that time, the complainant asked her as to where she is going and she replied that she has some work and went out side, but she did not return back and the complainant searched for her and she was not found. It is further stated that as the victim-girl used to talk with the petitioner, the complainant went to the petitioner's house and he was also not there at his house. Therefore, complainant suspecting that her daughter 4 victim-girl who used to talk with the petitioner often might have gone along with him with some intention. Therefore, he filed a complaint and the same came to be registered in Crime No.44/2020 for the offences punishable under Sections 363 of IPC. During the course of investigation, the complainant has given further statement, stating that the petitioner and the victim-girl are having love affair and when the said fact came to their knowledge, they thought of marrying the victim-girl to some other guy and therefore, she went along with the petitioner to Dharmasthala, where the petitioner had tied Taali to the victim-girl and they stayed in a lodging at Ujre, where the petitioner had physical contact with the victim- girl. The petitioner came to be arrested on 06.06.2020 and has been remanded to the 5 judicial custody. The Investigating Officer has filed charge-sheet against the petitioner/accused for the offences punishable under Sections 363, 366, 343, 376 of IPC and Section 6 of POCSO Act and under Section 9 of Prohibition of Child Marriage Act, 2006. The petitioner filed bail application in Special S.C.No.20/2020 and the same came to be rejected by the II Additional District and Special Judge, Dharwad, by order dated 18.11.2020. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
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4. It is the contention of the learned counsel for the petitioner that, the petitioner is innocent, has not committed any offence as alleged and has been falsely implicated in the case. He contends that on looking to the further statement of C.W.1, statement of the victim-girl and the statement of the victim-girl recorded under Section 164 of Cr.P.C., there was love affair between the petitioner and the victim-girl and she voluntarily went along with him. He further contends that, the victim-girl was missing since 26.05.2020 and the complaint came to be filed on 03.06.2020 and there is a delay in filing the complaint. As the charge-sheet is filed, the petitioner is not required for any custodial interrogation. With this, he prayed for allowing the petition. 7
5. Per contra, learned High Court Government Pleader contended that the date of birth of the victim girl is 02.09.2002 and she is aged 17 years 8 months as on the date of offence. The petitioner/accused induced the victim-girl and took her to Dharmasthal and married her by tying Taali to her neck. On looking to the charge-sheet material there is a prima-facie case against the petitioner for the offences alleged. 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.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government 8 Pleader, this Court has gone through the charge sheet records.
7. The date of birth of the victim-girl is 02.09.2002 as per her SSLC marks-card. She was aged 17 years 8 months 25 days as on the date of alleged offence. The victim-girl was studying in 1 s t year PUC. On perusal of the further statement of the complainant, the statement of the victim-girl in writing and the statement of the victim-girl recorded under Section 164 of Cr.P.C., the victim-girl and the petitioner had love affair and the victim-girl voluntarily went along with the petitioner to different places. The victim-girl is of the age of understanding the consequences of her acts. The Doctor who examined the victim-girl has stated that she has not sustained any injuries over the body or genitalia. The petitioner has 9 no 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 may 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 subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.44/2020 of Dharwad Town Police Station subject to the following conditions: 10
i) The petitioner/accused 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. Due to COVID-19, the petitioner is permitted to furnish surety within two months. If circumstances arise, the jurisdictional Court is permitted to extend the period for furnishing surety.
ii) The petitioner/accused shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused shall attend the Court regularly unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE *Svh/-