Karnataka High Court
Mr. Sharanappa S/O Hulagappa Ganadal vs State Of Karnataka on 15 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103097 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103097 OF 2022
BETWEEN:
MR. SHARANAPPA S/O HULAGAPPA GANADAL
AGE. 24 YEARS, OCC. COOLIE,
R/O. HIREVADRAKAL583 231
TQ. YELBURGA, DIST. KOPPAL
...PETITIONER
(BY SRI. NEELENDRA.D.GUNDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BEVOOR POLICE STATION,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001
2. SMT. HULIGEMMA W/O ERAPPA KALI
AGE. 45 YEARS,OCC. AGRICULTURE,
R/O. KUDRIMOTI 583 231,
TQ. KUKANOOR, DIST. KOPPAL
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR RESPONDENT NO.1
RESPONDENT NO.2 SERVED.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.PC. SEEKING TO GRANT BAIL TO THE PETITIONER IN
CIRME NO.72/2022 PENDING BEFORE ADDL DISTRICT AND
SESSIONS JUDGE FTSC-1 AT KOPPAL REGISTERED WITH BEVOOR
POLICE REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTION 363, 376, 344, 109 R/W 34 OF IPC AND SECTION 6 AND
17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT
2012.
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CRL.P No. 103097 of 2022
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.1 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.72/2022 of Bevoor Police Station for the offences punishable under Sections 363, 376, 344 and 109 read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 6 and 17 of the Protection of Children from Sexual offences Act, 2012(hereinafter referred to as 'POCSO Act', for brevity).
2. The case of the prosecution is that, the mother of the victim girl has filed the complaint stating that she is having two daughters and her elder daughter Smt. Netravati @ Renuka is given in marriage to the petitioner/accused No.1 about 3 years ago and they are having one baby boy and her -3- CRL.P No. 103097 of 2022 second daughter-victim is aged about 17 years and she has studied up to 10 t h standard and thereafter, she stopped her studies. It is further stated that this petitioner/accused No.1 was close with the victim girl since one year prior to the incident and the complainant had warned this petitioner/accused No.1 and asked him not to come to the house. It is further stated that on 01.06.2022 at about 12:00pm, the victim had gone to answer nature call and she did not return even after 1:00pm and when they were searching for the victim girl, at that time, one Bhimraj Kolli told them that this petitioner/accused No.1 had secured the victim girl by making a phone call and they went on motorcycle towards Koppal and thereafter they searched for her but she was not traced. She filed a complaint and the same came to be registered in Bevoor Police Station Crime No.72/2022 for an offence under Section 363 of IPC against this petitioner/accused No.1. The police during investigation secured this petitioner and the -4- CRL.P No. 103097 of 2022 victim girl on 30.06.2022 and recorded the statement of the victim girl and the petitioner was remanded to judicial custody on 01.07.2022. The police after investigation filed charge sheet against this petitioner and another for offences punishable under Sections 363, 376, 344 and 109 read with Section 34 of IPC and Sections 6 and 17 of POCSO Act. The petitioner filed bail application and the same came to be rejected the learned Additional District and Sessions Judge, FTSC-1, Koppal by order dated 04.08.2022. 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 respondent No.1- State. Respondent No.2 had physically appeared before this Court on the previous date of hearing and submitted that she had no objection for grant of bail.
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4. The learned counsel for the petitioner would contend that the statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein she has stated that she is aged 17 years and he further submits that there is no allegation of any sexual intercourse by this petitioner on the victim girl in the said statement. It is his further submission that the Doctor who examined the victim girl has noted that there are no external injuries and hymen is ruptured and there is old rupture and opined that, possibility of remote sexual intercourse cannot be ruled out. The victim girl stayed with this petitioner for 29 days and she has not made any hue and cry. As charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is having wife and two children and the second child is born on 19.08.2022. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the date of birth of the -6- CRL.P No. 103097 of 2022 victim girl as per her school records is 19.08.2004 and he is aged 17 years 9 months as on the date of the alleged offence. The Doctor who examined the victim girl has noted that her hymen is ruptured and opined that, the possibility of remote sexual intercourse, cannot be ruled out. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. wherein she has stated that this petitioner took her to Hoskote and kept her in a shed belonging to Manju where he slept with her and in spite of her resistance, he forced her and she scolded him and she was secured by the police on 30.06.2022. It is his further submission that the petitioner is a married man and knowing fully well that the victim girl is a minor, he enticed her in the guise of marrying her and had sexual intercourse with her. Charge sheet material shows prima facie case against the petitioner for the offences alleged against him. The petitioner being a close relative of the victim, there are chances of he threatening the -7- CRL.P No. 103097 of 2022 victim girl and other prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records and the order passed by the Special Court.
7. The date of birth of the victim girl is 19.08.2004 as per her school records and she is aged 17 years 9 months as on the date of the alleged offences. This petitioner is the husband of the victim's elder sister and he is having a male child and his wife had gone for second delivery at the time of the alleged offence. The petitioner was close with the victim girl and therefore, the complainant had scolded and warned him not to come to her house. This petitioner/accused No.1 with the help of accused No.2, secured the victim girl and took her on his motorcycle to Gangavathi -8- CRL.P No. 103097 of 2022 and from there, he took her in bus to Hoskote to a village called Injinahalli and kept her in the garden land of one Manju in a shed and there he had sexual intercourse on this victim girl on 03.06.2022 and thereafter he had sexual intercourse on the victim girl till 29.06.2022. The Doctor who examined the victim girl has noted that her hymen is ruptured and opined that, there is possibility of remote sexual intercourse, cannot be ruled out and final pinion is kept pending for receipt of FSL report. Charge sheet material shows prima facie case against this petitioner for the offences alleged against him. This petitioner being a married man, has enticed the younger sister of his wife who is a minor and had sexual intercourse with her. The petitioner has not made out any grounds for grant of bail.
Accordingly, the criminal petition is dismissed.
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JUDGE kmv