Karnataka High Court
Gurumurthy Alis Darshan vs State Of Karnataka on 13 December, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:51690
CRL.P No. 12678 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12678 OF 2024
BETWEEN:
GURUMURTHY @ DARSHAN
S/O MANJUNATH
AGED ABOUT 22 YEARS
R/AT KANSAL BADAVANE
CHANNAGIRI TALUK
DAVANGERE - 577 213
(NAME AND ADDRESS MENTIONED
AS PER CHARGE SHEET)
(PETITIONER IS IN JUDICIAL CUSTODY)
...PETITIONER
(BY SRI RAJASHEKAR S, ADV.)
AND:
Digitally 1. STATE OF KARNATAKA
signed by BY CHITRADURGA WOMEN
NANDINI MS
Location:
POLICE STATION, CHITRADURGA
High Court of SUB-DIVISION, CHITRADURGA
Karnataka
REP BY S.P.P. HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BENGALURU- 560 001.
2. XXX
...RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR R-1;
NOTICE TO R-2 IS H/S V/O DTD:13.12.2024)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
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NC: 2024:KHC:51690
CRL.P No. 12678 of 2024
HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS
PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C
(POCOS) NO.71/2024 REGISTERED FOR OFFENCE P/U/S
363,346,344,323,34,370(A),376(2)(n) AND 370(4) OF IPC AND
SEC.3,4,5,6 OF IMMORAL TRAFFIC PREVENTION ACT AND
SEC.4,6,17 OF POCSO ACT OF CHITRADURGA WOMWN P.S.
CHITRADURGA PURSUANT TO REGISTERING IN
CR.NO.53/2021 FOR THE PENDING ON THE FILE OF 2ND
ADDL.DISTRICT AND SESSIONS JUDGE AT CHITRADURGA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.6 in Spl.C (POCSO) No.71/2024 pending before the Court of II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.53/2021 registered by Chitradurga Women Police Station, Chitradurga District for the offences punishable under Sections 468, 149, 370(4), 376(2)(n), 370(A), 366(A), 323, 344, 346 and 363 of IPC, Sections 4, 6 and 17 of POSCO Act, 2012 and Section 3, 4, 5 of the Immoral Traffic Prevention Act, 1956, is before this Court under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2 though served, is unrepresented before this Court. -3-
NC: 2024:KHC:51690 CRL.P No. 12678 of 2024
3. FIR in Crime No.53/2021 was registered by Chitradurga Women Police Station, Chitradurga District initially for the offence punishable under Section 363 of IPC, against unknown persons on the basis of the first information dated 18.08.2021 received from respondent No.2, who is the mother of the victim girl. In the first information dated 18.08.2021, it is stated that daughter of the first informant, aged about 15 years was missing from the house from 09.08.2021 onwards and efforts made to trace her had failed. Therefore, first informant had approached the police. The victim girl was traced on 12.03.2024. She had stated that on 09.08.2021, after she left her house, she had gone to Bengaluru and thereafter to Mysuru and accused No.1, who found the victim girl in the KSRTC Bus Stand at Mysuru had taken the victim girl along with her on the guise of providing her food and shelter, and thereafter, had used her for the illegal business of prostitution, forcibly against the wishes of the victim girl.
4. During the course of investigation of the case, petitioner herein was arrested on 13.03.2024 and remanded to judicial custody. Investigation in the case is completed and charge -4- NC: 2024:KHC:51690 CRL.P No. 12678 of 2024 sheet has been filed against 10 accused persons. Petitioner is arrayed as accused No.6 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Spl.C (POCSO) No.71/2024 was rejected on 07.08.2024. Therefore, he is before this Court.
5. Learned Counsel for the petitioner submits that only allegation against petitioner is that he was a customer and had sexual intercourse with the victim girl. He submits that petitioner was not aware of the age of the victim girl and therefore, the alleged offences under the POCSO Act does not get attracted against him. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition.
7. As per the charge sheet allegations, victim girl was found missing from her house in 2021 and a missing case was registered in the year 2021 itself. Subsequently, on 12.03.2024, victim girl was traced at Tumakuru and based on her statement, accused persons were arrested. After investigation, charge sheet has been filed. As per charge sheet -5- NC: 2024:KHC:51690 CRL.P No. 12678 of 2024 allegations, victim girl was found in the KSRTC Bus Stand at Mysuru by accused No.1, who took her into her custody and thereafter, she and her friend accused No.2 had misused the victim girl and had forced her into the illegal business of prostitution. Allegation against petitioner is that he had sexual intercourse with the victim girl as a customer. The Co-ordinate Bench of this Court in the case of Barath S.P. vs. State of Karnataka and Another in Crl.P.No.1757/2022 disposed of on 24.03.2022, has observed that a customer, in a brothel, cannot be hauled into criminal proceedings under the Immoral Traffic Prevention Act, 1959.
8. Petitioner, who has no other criminal antecedents is in custody from 13.03.2024. Investigation in the case is completed and charge sheet has been filed. Considering the nature of allegations found against the petitioner and since the trial in the case is not likely to be completed in the near future, I am of the opinion that the prayer made by the petitioner for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:-
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NC: 2024:KHC:51690 CRL.P No. 12678 of 2024
9. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C (POCSO) No.71/2024 pending before the Court of II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.53/2021 registered by Chitradurga Women Police Station, Chitradurga District for the offences punishable under Sections 468, 149, 370(4), 376(2)(n), 370(A), 366(A), 323, 344, 346 and 363 of IPC, Sections 4, 6 and 17 of POSCO Act, 2012 and Section 3, 4, 5 of the Immoral Traffic Prevention Act, 1956, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;-7-
NC: 2024:KHC:51690 CRL.P No. 12678 of 2024
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
SD/-
(S VISHWAJITH SHETTY) JUDGE DN