Karnataka High Court
Khasim S/O Hajisab Raichur vs The State Of Karnataka By on 24 March, 2017
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.100488/2017
BETWEEN
KHASIM S/O HAJISAB RAICHUR
AGE: 25 YEARS, OCC: AUTO DRIVER,
R/O: VEERAPUR ONI, NEAR GOVERNMENT
PRIMARY SCHOOL, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD.
... PETITIONER
(BY SRI.VIDYASHANKAR G.DALWAI, ADVOCATE)
AND
THE STATE OF KARNATAKA BY
ITS P.S.I., KASABAPETH POLICE STATION,
HUBBALLI, REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., SEEKING TO ALLOW THE PETITION FILED UNDER SECTION
439 OF CR.P.C. AND ENLARGED THE PETITIONER ON REGULAR BAIL
IN CRIME NO. 94 OF 2016 IN KASABAPETH POLICE STATION, HUBLI
IN SPECIAL SESSION CASE NO. 46 OF 2016 PENDING ON THE IFLE OF
THE COURT OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND SPECIAL JUDGE, DHARWAD, AT: DHARWAD FOR AN OFFENCES
PUNISHABLE UNDER SECTIONS 366, 376 IPC AND SECTION 6 AND 12
2
OF POCSO ACT, 2012 AND SECTION 9 OF CHILD MARRIAGE
PROHIBITION ACT, 2006.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned Govt. Pleader for the State. Perused the records.
2. The respondent Police have laid a charge sheet against the petitioner in Spl. S.C. No. 46/2016 on the file of the II Addl. Dist. & Sessions Court, Dharwad, sitting at Hubballi, for the offences punishable u/S 366, 376 of IPC and Sec. 6 and 12 of the POCSO Act and Sec. 9 of the Child Marriage Prohibition Act, 2006. On overall looking into the charge sheet papers and the statement of the victim girl u/S 164 of Cr.P.C. and further statement of the mother of the victim dated 21.08.2016 and 24.08.2016 the factual aspects that emanate from these materials are that, the victim girl, daughter of Mohd. Shabbir Dadesur, and the petitioner are the residents of Sadarsofa village, Old Hubballi. The petitioner is a resident of same village and a 3 neighbour of the victim. He developed love affair with the daughter of the complainant and in turn the victim girl also started loving him. It is alleged that, on 19.08.2016 the said victim girl was missing from her house. Inspite of due search by the complainant and his family members they could not able to locate the whereabouts of the victim girl. Subsequently, the petitioner and the victim girl were traced in Goa. In this background the victim girl has stated in her statement that the petitioner often talking to her and on the date of the incident he requested her to go with him. She went along with him and he took her to Goa and they stayed there for four days. During that stay they enjoyed sex with each other. Further statement of the mother of the victim discloses that the victim girl disclosed before her mother that she herself voluntarily loving the petitioner and in turn the petitioner was also loving her. She has requested the petitioner to go along with her to go to some place and to marry each other. They married at Goa. This 4 fact has been specifically stated by the victim to her mother that she has voluntarily gone with the petitioner.
3. Therefore, looking to the above circumstances, the victim is aged about 17 years and due to infatuation the petitioner and the victim must have joined together. Hence, I am of the opinion, the petitioner is entitled to be enlarged on bail as he was already arrested on 23.08.2016 and since then he has been in judicial custody and the trial may also take considerable time. Hence, the following order is passed.
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in (Crime No. 94/2016 of Kasabapeth Police Station Spl. S.C. No. 46/2016 on the file of the III Addl. Dist. & Sessions Court, Dharwad, sitting at Hubballi, for the offences punishable u/S 366, 376 of IPC and Sec. 6 and 12 of the POCSO Act and Sec. 9 of the Child Marriage Prohibition Act, 2006on the following conditions: 5
i) The petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- with one surety for the likesum to the satisfaction of the trial Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the Court on all future hearing dates unless exempted by the Court for any valid reasons.
iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission until the case registered against him is disposed of / terminated.
Sd/-
JUDGE JTR