Karnataka High Court
Rajesab S/O Shareefsab Bellatti vs The State Of Karnataka on 16 June, 2023
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 101207 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101207 OF 2023
BETWEEN:
RAJESAB S/O. SHAREEFSABBELLATTI,
AGE: 34 YEARS, OCC: COOLIE,
R/O: HAKLAGI, TQ AND DIST: HAVERI,
...PETITIONER
(BY SRI. M.M. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY HAVERI WOMENS POLICE STATION
REPRESENTED BY ITS SPP
HIGH COURT BUILDING, DHARWAD BENCH,
DHARWAD -580011.
CHANDRASHEKAR 2. CHANNAYYA S/O. RUDRAYYA HIREMATH,
LAXMAN AGE: 50 YEARS, OCC: FARMER,
KATTIMANI R/O: MAROL -581110.
TQ AND DIST: HAVERI.
...RESPONDENTS
Digitally signed by
CHANDRASHEKAR (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
LAXMAN NOTICE TO R2 SERVED)
KATTIMANI
Date: 2023.06.21
12:21:15 -0700 THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN
SPL. SC.NO. 25/2023, IN PURSUANCE OF THE CRIME NO. 02/2023
REGISTERED BEFORE THE HAVERI WOMENS POLICE STATION,
HAVERI FOR THE OFFENCE P/U/SEC. SEC. 354(A), 354(D), 341, 109,
506, 34 OF IPC AND U/SEC. 8, 12, 18 OF POSCO ACT 2012, AND 67B
(a(b) OF INFORMATION TECHNOLOGY ACT, 2008.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 101207 of 2023
ORDER
Heard Sri M. M. Patil, learned counsel for the petitioner and Smt.Girija S.Hiremath, learned High Court Government Pleader for the respondent No.1- State. 2 n d respondent/defacto complainant th ough served with the notice remained absent.
2. This petition is filed und er Secti on 439 Cr.P.C., with the following:
"WHEREFORE, it is humbly and respectfully prayed that this Hon'ble Court be pleased to allow the petition and enlarge the petitioner/accused No.2 on bail in SPL.S.C. No.25/2023, in pursuance of the crime No.02/2023 registered before the Haveri Women's Police Station, Haveri for the offences punishable U/Sec.354(A), 354(D), 341, 109, 506, 34 of IPC and U/Sec. 8, 12, 18 of POCOS Act, 2012 and 67B (a)(b) of Information Technology Act, 2008 in the interest of justice and equity."
3. The brief facts of the case are as under:-
Women Police Station, Haveri received a complaint from second respondent and bas ed on the said complaint regis tered a case in Crime No.2/ 2023 on 01.02.2023 for the offences punishable under Sections 323, 354(A), 354(D), 341, 109, 506 read with Section 34 of IPC, Sections 8, 12, 17 of POCSO -3- CRL.P No. 101207 of 2023 Act, 2012 and Section 67B (a)(b) of Information Technology Act, 2008.
4. Gist of the complaint averments reveal that minor daug hter of the complainant purs uing her 10 t h standard in the government school, returned from the school on 31.01.2023 and she was in a morose feeling and she was enquired by her mother. At that juncture she sh oot into emotion and revealed that the petitioner/accused No.1 is troubling her in the guise of a love affair. She also revealed that petitioner along with his friends who are two more accused persons, started pestering her to ha ve a love affair with the petitioner/accused No.1 a nd in that regard, they gave life threat including putting her in the fear of throwing a cid on her and over powered h er and made her nude and took photographs. They started demanding further sexual favors and when the victim girl refused, they started blackmailing her stating that the nude photos would made viral in the social media. At that -4- CRL.P No. 101207 of 2023 juncture a friend of the victim girl came there and with her help, she escaped from the clutches of the accused persons. On enquiry by the friend, she has revealed the incident to her friend and also told her mother that the petitioner has uploaded nude photographs of the victim girl on his whats-app status in his mobile. Based on such complaint, police registered a case as aforesaid and investigated the matter in d etail and filed the c harge sheet against th e peti tioner.
5. The attempt made by the petition er to obtain an order of grant of bail is turned down by the learned Special Judge in Spl.S.C.No.25/2023 by order dated 26.04.2023. Thereafter, the petitioner is before this Court.
6. Sri.M.M.Patil, learned counsel for the petitioner reiterating the grounds urg ed in the petition contended that the petitioner is innocent of the offence alleged against him and he has been falsely implicated in the case and since the charge -5- CRL.P No. 101207 of 2023 sheet is filed a nd taking note of the fact that the offence alleged against th e petition er is only under Sections 8, 12 and 17 of POCSO Act, contin uation of the petitioner - accused in ju dicial custody is no longer warranted and sought for allowing the petition.
7. Per contra, learned High Court Government Pleader reiterating the grou nds urged in the objection statement contended that the offence alleged against the petitioner is heinous in na ture and inasmuch as a 34 year old person was trying to have physical relationship with a tenth standard student would itself shows that there could not have been any love affair between them and it is only lust of the petitioner resulting in advancing the sexual intentions of the petitioner and therefore, the petitioner cannot be shown any mercy and grant of bail in unwarranted.
8. She also argued that the fact of petitioner uploadin g the nude photo of the victim girl to his -6- CRL.P No. 101207 of 2023 Whatsapp status completes the offence and therefore the innoc ence of the petitioner cannot be presumed and therefore sought for rejection of bail.
9. She al so contended that whether at all the petitioner is guilty of the offence or not cannot be decided by this Court at this stage and sought for dismissal of the petition.
10. Perused the material on record meticulously in view of the rival con tentions of the parties.
11. On such perusal, it is seen that noticing the depression of the minor girl, mother of the victim girl enquired her about the incident at that juncture victim girl has revealed about the in cident. Based on su ch information, father of the victim girl lodged a complaint.
12. The complaint averments and the statement given by the vic tim girl prima facie esta blish that the petition er being aged 34 years had -7- CRL.P No. 101207 of 2023 uploaded the nude photograph of the victim girl on his Whatsapp status.
13. How he came into possession of the said photograph; whether at all he hims elf took the nude photograph of the victim girl in the guise of alleged love affair or somebody else took the photograph etc., are all ma tters to be enquired into durin g the trial. It is only after full fledged trial suitable opinion has to be formed by the trial Court as to the guilt or innocen ce of the petitioner - accused.
14. Fact remains that the police were able to sei ze the mobile telephone of the petitioner and Whats-app status of the petitioner's mobile phone. These aspects of th e matter would prima facie attract all ingredients of the offence alleged ag ainst the petitioner a s is rightly contended on behalf of prosecution.
15. Suffice to say that taking note of ag e of the victim girl and the petitioner, there could not -8- CRL.P No. 101207 of 2023 have been any love affair. Taking n ote of all these aspects of the matter, this Court is of the considered opinion that for the present the petitioner is not entitled to grant of bail in view of the real apprehensions expressed on behalf of the prosecution, which is well founded.
16. It is always open for the petition er to renew his request for grant of b ail after the material witnesses are examin ed and if there is positive changed circumstanc e in the case of the petition er.
17. Reserving such liberty for the petitioner, following order is passed:
ORDE R Criminal peti tion is dis missed.
Observations made by this Court during the course of this or der shall not affect the rights of the parties before the trial Court in any manner.-9- CRL.P No. 101207 of 2023
Taking note of the fact that the petitioner is in custody, trial is ordered to be expedited.
Sd/-
JUDGE SMM/SH List No.: 1 Sl No.: 9