Karnataka High Court
Srikanth vs The State Of Karnataka on 19 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.4029 OF 2020
BETWEEN:
Srikanth S/o Jayappa
Aged about 24 years
R/at Changalapuram Village
Punganuru Mandalam
Chittor District
Andhra Pradesh-517247. ... Petitioner
(By Sri Vijaya Shekara Gowda V, Advocate)
AND:
1. The State of Karnataka
By Ramamurthy Nagara P.S
Bengaluru-560016
Represented by State Public Prosecutor
High Court of Karnataka
Bangalore-560001.
2. Smt. Radhamma
W/o Ramesh
Aged about 34 years
R/at No.43, 8th Cross
Sir M.V.Nagar, Ramamurthy Nagar
Bengaluru-560016. ... Respondents
(By Sri R.D.Renukaradhya, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.95/2020 (Spl.C.C.No.232/2020) of Ramamurthy
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Nagar Police Station, Bangalore for the offence punishable
under Sections 376, 315, 384, 504, 506 read with Section 34
of IPC and Sections 4, 5(L), 6 of POCSO Act and etc.,
This Criminal Petition coming on for Orders through
video conference this day, the Court made the following:
ORDER
This petition has been filed by the petitioner- accused No.1 under Section 439 of Cr.P.C., to release him on bail in Crime No.95/2020 (Spl.C.C.No.232/2020) of Ramamurthy Nagar Police Station, Bangalore (pending on the file of 53rd Additional City Civil and Sessions Special Judge (CCH-54) at Bengaluru) for the offence punishable under Sections 376, 315, 384, 504, 506 read with Section 34 of IPC and Sections 4, 5(L), 6 of POCSO Act.
2. I have heard the learned counsel Sri Vijaya Shekara Gowda V for petitioner-accused No.1 by virtual hearing, Sri R D Renukaradhya, learned High Court Government Pleader for respondent No.1-State -3- and Sri Dharanesh, the learned counsel for respondent No.2-Complainant.
3. The genesis of the case of the prosecution in brief is that the father of the victim was working as a Building Contractor and in the month of July 2018, the mother of the victim suffered with brain problem and as such, the victim discontinued her studies. When the mother of the victim has been got admitted to the hospital, petitioner-accused No.1 has been called to the house and on 10.08.2018 at about 11.00 a.m., petitioner-accused No.1 came to the house and asked the water. Later he latched the door and had made a sexual assault on the victim and when she tried to escape, he threatened her by showing the knife and also told that he will cut her left hand and had a forcible sexual intercourse with her and he also used to threatened her that he will take away the life if she is going to disclose the same to the parents. Subsequently, -4- her menstruation period was stopped and she informed the same to the petitioner-accused No.1 over the phone. On 19.12.2019 he came to the house and gave four tablets and made her to consume so that he can abort the fetus. The victim's mother informed about the incident to the parents of petitioner-accused No.1 and they are agreed to conduct the marriage, but he demanded money to run the business and also to buy tractor as well as he was blackmailing. The father of the victim by borrowing a hand loan of Rs.20,00,000/- give to petitioner-accused No.1 on different dates. Subsequently, petitioner-accused No.1 forcibly got married with victim at Shiva Temple. Subseuqnelty on 23.01.2020 at about 6.00 p.m. when her daughter went alone to the house of the petitioner-accused No.1, they abused with filthy language and forcibly thrown out of their house and same has been informed to the villagers and as such, a complaint has been lodged. -5-
4. It is the submission of the learned counsel for petitioner-accused No.1 that already the trial Court has released accused No.2-mother of the accused NO.1 and on the ground of parity, he also entitled to be released on bail. It is his further submission that the present complaint has been filed belatedly after 2 ½ years and the photographs produced clearly goes to show that petitioner-accused No.1 has got married and the parents of the victim were also present and it is not a case of eloping the minor victim girl and getting her married. It is his further submission that a false complaint has been registered as against petitioner- accused No.1. It is his further submission that petitioner-accused No.1 is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to release the petitioner- accused No.1 on bail.
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5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioner-accused No.1 has sexually assaulted the minor victim girl, who is aged about 15 years by threatening her with knife and he frequently used to sexually assaulted and as a result of the same, she has become pregnant and even he has given pills to get her aborted. It is his further submission that he refused to marry her and subsequently, he has got forcible marriage. It is his further submission that Section 164 of Cr.P.C. statement of the victim clearly goes to show that against her will petitioner-accused No.1 used to have a sexual assault. On these grounds, he prays to dismiss the petition.
6. It is the submission of learned counsel for respondent No.2 that the victim was aged about 15 years and the conduct of petitioner-accused No.1 if it is seen being the relative of the victim as well as the -7- mother. When the mother of victim was serious and was in a pathetic condition in the hospital, by that time making use of the situation she has sexually assaulted. It is his further submission that statement recorded under Section 164 of Cr.P.C clearly goes to show that petitioner-accused No.1 against the will of the victim has sexually assaulted and subsequently, he has told that he has already been satisfied and her presence is not required. All these material and conduct of the accused clearly goes to shows that petitioner-accused No.1 has sexually assaulted the victim. On these grounds, he prays to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. On close reading of the contents of the complaint it clearly goes to show that petitioner-accused No.1 by threatening the minor victim who is aged about -8- 15 years had sexually assaulted at a point of knife and also he used to have a sex. As a result of the same, she has become pregnant and he has given pills for the purpose of abortion. Subsequently he ill-treated her and threatened her and forcibly he got married. When the victim herself is aged about 15 years, then under such circumstances there is no question of giving consent as contended by the learned counsel for petitioner-accused No.1. Even Section 164 of Cr.P.C. statement of the victim which has been recorded by the leaned Magistrate on 11.03.2020 clearly goes to show that petitioner-accused No.1 had sexual assault as against her will and even he has refused to marry her and told that he has already satisfied himself and her physical presence is not necessary. Already the charge sheet has been filed and all the material including the medical evidence corroborates the statement of victim. Taking into consideration the above said facts and circumstances, I am of the considered opinion that -9- there is a prima-facie material as against petitioner- accused No.1 for having sexually assaulted a minor girl, who is aged about 15 years. In that light, he has not made out any good grounds so as to release him on bail. The petition liable to the dismissed and accordingly, it is dismissed.
However a liberty has been given to petitioner- accused No.1 to move for bail after the victim has been examined before the trial Court.
Sd/-
JUDGE ssb