Karnataka High Court
Shri Hanumesh S/O Ramanna Chigari vs The State Of Karnataka on 29 August, 2023
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NC: 2023:KHC-D:9672
CRL.P No. 100781 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 100781 OF 2023
BETWEEN:
1. SHRI. HANUMESH S/O. RAMANNA CHIGARI,
AGED ABOUT 20 YEARS,
OCC: COOLIE,
R/O: HOSA SHIVAPUR VILLAGE,
TAL AND DIST: KOPPAL.
2. SHRI. HANUMESH S/O. YALLAPPA BANGARI,
AGE ABOUT 27 YEARS,
OCC: COOLIE,
R/O: HOSA SHIVAPUR VILLAGE,
TAL AND DIST: KOPPAL.
...PETITIONERS
(BY SMT. BHAGYASHREE N. BIKKANNAWAR, ADVOCATE)
AND:
CHANDRASHEKAR
LAXMAN 1. THE STATE OF KARNATAKA,
KATTIMANI
REP BY MUNIRABAD POLICE,
NOW REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
Digitally signed by
DHARWAD BENCH.
CHANDRASHEKAR
LAXMAN
KATTIMANI 2. SRI. NAGARAJ S/O. RAMANNA UPPAR,
Date: 2023.08.31 AGE ABOUT 41 YEARS,
11:39:04 +0530
OCC: DRIVER,
R/O: HOSA SHIVAPUR VILLAGE,
TAL AND DIST: KOPPAL.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
NOTICE TO R2 IS SERVED)
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NC: 2023:KHC-D:9672
CRL.P No. 100781 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER NO.1 AND
2 (ACCUSED NO.2 AND 3) ON REGULAR BAIL IN CRIME NO.
321/2022 OF MUNIRABAD POLICE STATION, REGISTERED FOR
THE ALLEGED OFFENCES PUNISHABLE U/S 363, 366(A), 344,
376, 109 R/W 34 OF IPC AND SECTION 6 AND 17 OF POCSO
ACT, 2012, PENDING ON THE FILE OF ADDL. DISTRICT AND
SESSIONS JUDGE, FTSC-I, AT KOPPAL IN SPL. SC. POCSO NO.
06/2023.
THIS PETITION, COMING ON FOR DICTATION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners who are arraigned as accused Nos.2 and 3 have filed this petition under Section 439 Cr.P.C. to grant them bail in Crime No.321/2022 of Munirabad police station for the offences punishable under Sections 363, 366A, 344, 376, 109 read with Section 34 IPC and Sections 6 and 17 of The Protection of Children from Sexual Offences Act, 2012 ('POCSO Act', for short).
2. In support of their petition, the petitioners have contended that they are innocent and law abiding citizens. They have not committed any offences and that they have been falsely implicated. There is delay of more than 40 days in filing the complaint, but the same is not explained. According to the complaint averments, the victim girl was missing from the -3- NC: 2023:KHC-D:9672 CRL.P No. 100781 of 2023 house since 03.11.2022 and though aware of the same, he has not made any efforts to file missing complaint. From the complaint averments, it is evidenced that there was love affair between the victim girl and accused No.1 and she has voluntarily eloped with him and got married with accused No.1. Her statement under Sections 161 and 164 Cr.P.C. provided a clear picture of this aspect. The version given by the victim girl in her statement under Sections 161 and 164 Cr.P.C. is totally contradictory and creates suspicion.
2.1. In the month of April 2022, during Anjaneya Jatra, there was a fight between the complainant and accused No.3 (petitioner No.2) when the complainant and members of community restrained him from entering into the temple since he belonged to scheduled tribe community. In this regard, the matter was pacified due to the intervention of the police. However on 13.12.2022, the complainant and his followers entered the house of petitioner No.2 and assaulted him and his mother. In this background, he has been falsely implicated. Now the investigation is completed and charge sheet is filed and as such, custodial presence of petitioners is not necessary. -4-
NC: 2023:KHC-D:9672 CRL.P No. 100781 of 2023 They are ready and willing to abide by any conditions that may be imposed and prays to allow the petition.
3. Learned High Court Government Pleader filed objections stating that at the relevant point of time the victim girl was aged 16 years 6 months. On 03.11.2022 at 11.30 p.m., she went outside the house to attend natures call. The petitioners took her to Durgamma Temple on their motorcycle bearing registration No.KA-37/EJ-2050 and left her with accused No.1. On the next day, at 6.00 p.m. petitioners dropped accused No.1 and the victim girl to Hulagi. From there accused No.1 kidnapped the victim girl and took her to a farm house situated at Sy.No.365 of Banavati village near Arodi Sasalu Hobli, Doddaballapur cultivated by CW26-Sunilkumar. 3.1. There accused No.1 and the victim girl stayed together as though they were husband and wife and there accused No.1 forcibly had sexual intercourse with the victim girl. Based on the gossip in the village, the complainant lodged a complaint and the victim girl and accused No.1 were traced. They were subjected to medical examination. After conducting detailed investigation, charge sheet is filed. The petitioners -5- NC: 2023:KHC-D:9672 CRL.P No. 100781 of 2023 were arrested on 13.12.2022 and they are in judicial custody. Charge sheet makes out a strong prima facie case. If released on bail the possibility of petitioners absconding and also threatening and tampering with the witnesses cannot be ruled out and prays to reject the petition.
3.2. It is the specific case of the prosecution that accused No.1 is a distant relative of the victim girl. Supporting the objection statement as well as the charge sheet, learned HCGP submits that on 07.05.2023 the victim girl has committed suicide by leaving a death note wherein she has implicated accused Nos.1 to 4 herein including the petitioners and in this regard a case is registered in Crime No.162/2023 of Munirabad police station and investigation is taken up.
4. Heard arguments and perused the record.
5. According to the prosecution, as on 03.11.2022 the victim girl was aged 16 years 6 months. It is alleged that on 03.11.2022, when the victim girl went outside the house to attend natures call, the petitioners saying that the affair between her and accused No.1 has come to the knowledge of her parents and they would be killed and took her to -6- NC: 2023:KHC-D:9672 CRL.P No. 100781 of 2023 Durgamma temple and left her with accused No.1. On the next day, they brought breakfast for them and later on accused No.1 and the victim girl went to Hulagi and from there to Doddaballapur through Hosapete in a train. They stayed in a farm house as though they were husband and wife.
6. The allegations so far the petitioners are concerned are that they managed to take the victim girl on the motorcycle and left her with accused No.1. The major allegations are against accused No.1. Already investigation is completed and charge sheet is filed against accused Nos.1 to 4 (accused No.4 is the mother of accused No.1) and therefore custodial presence of petitioners is no longer required. The petitioners are in judicial custody since 13.12.2022. Of course the apprehension of the prosecution that they may threaten or tamper with the prosecution witnesses and also may abscond cannot be ruled out. However, the same may be overcome by imposing stringent conditions.
7. So far as registering of Crime No.162/2023 against all the accused persons including the petitioners with regard the victim girl committing suicide, the granting of bail in this -7- NC: 2023:KHC-D:9672 CRL.P No. 100781 of 2023 case would not come in the way of the concerned police arresting all the accused persons or securing the presence of those accused who are in judicial custody through body warrant.
8. For these reasons, this Court is of the considered opinion that the petitioners are entitled for bail and accordingly the following:
ORDER Petition is allowed.
Petitioners/accused Nos.2 and 3 are
released on bail, in Crime No.321/2022 of
Munirabad police station for the offences punishable under Sections 363, 366A, 344, 376, 109 read with Section 34 IPC and Sections 6 and 17 of the POCSO Act, subject to following:
CONDITIONS
a) The petitioners/accused Nos.2 and 3 shall execute a personal bond in a sum of Rs.1,00,000/- each with two sureties for the like-sum.
b) Petitioners/accused Nos.2 and 3 shall not contact the prosecutrix.-8-
NC: 2023:KHC-D:9672 CRL.P No. 100781 of 2023
c) Petitioners/accused Nos.2 and 3 shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address.
d) Petitioners/accused Nos.2 and 3 shall not
tamper with the prosecution witnesses
either directly or indirectly.
e) Petitioners/accused Nos.2 and 3 shall not
indulge in any criminal activities.
f) Petitioners/accused Nos.2 and 3 shall be
regular in attending the Court proceedings.
Sd/-
JUDGE KGK / List No.: 1 Sl No.: 22