Karnataka High Court
Parashurama Kondannanavar vs State Of Karnataka By on 10 July, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2020
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No. 3142/2020
BETWEEN:
PARASHURAMA KONDANNANAVAR
AGED ABOUT 25 YEARS,
S/O NAGARAJ,
R/A : WARD NO.5, HOSAPETE,
BADAMI, KERUR,
BAGALKOT DISTRICT
PIN CODE - 587 206. ..PETITIONER
(BY SRI.NISHIT KUMAR SHETTY, ADVOCATE)
AND:
STATE OF KARNATAKA BY
KAVOOR POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001. ..RESPONDENT
(BY SRI.VINAYAKA V.S, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.12/2020 REGISTERED BY KAVOOR POLICE
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STATION, MANGALURU CITY, D.K. FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 363 AND 376 OF IPC AND
SECTIONS 5 AND 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE AT
BENGALURU MADE THE FOLLOWING:
ORDER
This matter is taken up through Video Conference today.
2. Learned counsel Sri.Nishit Kumar Shetty for petitioner and Sri.Vinayaka V.S., learned HCGP for respondent are present.
3. The petition is filed under Section 439 of Cr.P.C. wherein the petitioner seeks grant of bail in Crime No.12/2020 for the offences punishable under section 363 of IPC of the respondent Police Station.
4. The petitioner is in Judicial Custody from 22.02.2020.
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5. The date of complaint is 16.02.2020. He was arrested and remanded to judicial custody on 22.02.2020.
6. Previously, the petitioner had made application before the learned Additional District and Sessions Judge, FTSC-1 (POCSO), D.K., Mangaluru, in Crl.Misc.Case No.371/2020 under Section 439 of Cr.P.C. that came to be rejected on 16.05.2020. Hence, this petition.
7. Copy of the petition is served on learned HCGP for respondent.
8. Heard.
9. The substance of the complaint is that it is lodged by one Rudrappa, S/o Mallappa, resident of # 1-45/65, Deppaniguttu Kunjathbail, Mangaluru, on 16.02.2020 at 16 hours before the respondent police. 4 It is that complainant's daughter aged 16 years studying 10th Standard went to school on 14.02.2020 at 7.30 a.m. on the way the petitioner talked with the victim and took her to his house and by changing her school uniform, packed the clothes in a bag and took her along with him and since she did not return to home till 8 P.M the complainant searched for his daughter and lodged the complaint on 16.02.2020 at about 4 P.M. before Kavoor Police station.
10. Learned counsel for petitioner submits that petitioner is innocent of the offence alleged against him and in the statement recorded before the Magistrate, the victim girl has stated no offence is committed by the petitioner.
11. Learned HCGP opposes the bail application and submits that though the victim has not stated 5 incriminating material in the statement made before the Magistrate under Section 164 of Cr.P.C on 02.03.2020, she has narrated full details in the statement recorded by the police under Section 161 of Cr.P.C.
12. In the circumstances the complaint is lodged by father of the victim as stated above wherein he has named the accused and stated that accused has enticed the victim. Criminal case came to be registered under Sections 363 of IPC in Crime No.12/2020 on 16.02.2020. However the charge sheet is filed for the offence punishable under Sections 5 and 6 of Protection of Children from Sexual Offences Act and Section 363 and 376 of IPC. As stated above when her statement was recorded by the investigating officer under Section 161 of Cr.P.C dated 19.02.2020 she tells that accused was following her and expressed that he likes her and loving her. On 13.02.2020 when 6 she was on the way to school the petitioner was talking with her and her mother saw and scolded the victim. However on 14.02.2020 when she was going for school the petitioner induced the victim and took her to his house and gave his sister's clothes and took her in his motorbike bearing No.KA-19-HA-9130 to KSRTC Bus stand, Mangaluru and they went to Gulbarga next day at 9 a.m. Thereafter the petitioner took her to his uncle's house at Devaraghanagapura. After coming to know about the news the petitioner and victim were scolded by his uncle and asked both of them to sleep separately. However when all were sleeping accused came and raped the victim. Meanwhile on 02.03.2020 victim's statement under Section 164 of Cr.P.C was recorded wherein she gives a go by to her earlier statement and said she was being scolded and was disturbed and on 14.02.2020 she requested the accused to take her away. They 7 went to Gulbarga. Later they went to Devaraghanagapura to petitioner's uncle's house and petitioner's uncle told accused that the girl is still minor and they did not allow the victim and accused to sleep together. Later she came to know about the complaint and petitioner's mother scolded the accused and the victim.
13. Thus, the version of the victim changes diagonally. There are only two inferences that can be drawn. One of the statement is false or she might have been won over. Petitioner was arrested on 22.02.2020 and he is in judicial custody. Investigation is completed. Considering the statement of victim on 02.03.2020 before the learned Magistrate, I find no prejudice would be caused if the petitioner is released on bail.
Hence, I proceed to pass the following: 8
ORDER Petition filed under Section 439 of Cr.P.C by the petitioner is hereby allowed. He is ordered to be released on bail in Crime No.12/2020 for the offence punishable under Sections 5 and 6 of Protection of Children from Sexual Offences Act and Sections 363 and 376 of IPC registered by the respondent police subject to following conditions:
i) The petitioner-accused shall execute a personal bond for Rs.2,00,000/- with a surety of a person possessing immovable properties for the likesum.
ii) The petitioner-accused shall not move out of Karnataka without permission from the court.
iii) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on every Saturday between 9.30 p.m. to 10.30 p.m. until further orders.9
iv) Petitioner shall place himself in quarantine for a period of 14 days at home before which he shall get himself medically checked.
Sd/-
JUDGE SBN