Karnataka High Court
Praveen Appasaheb Kolli vs The State Of Karnataka on 11 June, 2021
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.200771/2021
BETWEEN:
SRI PRAVENN APPASAHEB KOLLI
S/O. APPASAHEB,
AGE: 20 YEARS, OCC:STUDENT,
R/O. UMARANI ROAD, JATH,
JATH TALUK, SANGLI DISTRICT
MAHARASHTRA STATE- 415302
... PETITIONER
(BY SRI.SANJAY A. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH
VIJAYAPURA WOMEN POLICE STATION,
VIJAYAPURA DSITRICT - 586 1010,
REPRESENTED BY ADDITIONAL SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.
... RESPONDENT
(BY SRI. SHARANABASAPPA M. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO RELEALSE THE PETITIONER ON
BAIL IN CRIME NO.70/2020 OF VIJAYAPURA WOMEN POLICE
STATION, VIJAYAPURA DISTRICT FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 363, 344, 376(2)(n) OF IPC
AND SECTIONS 5(L) AND 6 OF POCSO ACT, PENDING
BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
FTSC-I, (POCSO) COURT AT VIJAYAPURA.
2
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 439 of Cr.P.C. for enlarging him on bail in Crime No. 70/2020 of Mahila Police Station, Vijayapura, registered in Special Case No.11/2021 pending on the file of Additional District and Sessions Judge, FTSC-I (POCSO) Court at Vijayapura for the offence punishable under Sections 363, 344, 376(2)(n) of IPC and Sections 5(L) and 6 of Protection of Children from Sexual Offences Act, 2021 ( for short, 'POCSO Act').
2. The facts leading to this case are that, on 19.08.2020 at 6.45 p.m., the complainant-Sangeetha, wife of Laxmana Kore lodged a complaint before the Women Police Station, Vijayapura, alleging that, on that day at 10.30 a.m., she received a telephonic call from Smt. Savithri, in whose house the victim was staying for the time being, informing that the victim was found missing from house from 9.30 a.m. along with golden ornaments weighing 21 Tolas and cash of Rs.20,000/- and the victim 3 girl has left the house and by locking the door from outside. Then the complainant being the mother of victim girl, along with her family members visited Vijayapura and enquired with Smt. Savithri and got an information that mobile phone of victim girl was also switched off, and the victim was searched, but could not be traced. Therefore, a complaint was got registered for offence punishable under Section 363 of IPC. The Investigating Officer undertook investigation and issued FIR. In the meanwhile, on 23.12.2020, the victim girl voluntarily appeared before the Investigating Officer along with her parents and gave statement that she had voluntarily left her maternal aunt's house at Vijayapura with accused and stayed with him in Belgaum, as she was in love with him for last four years and as they exhausted the amount, they returned. Thereafter, Investigating Officer apprehended the present petitioner and 164 statement of the victim girl was also recorded and both were subjected to medical examination. Then the petitioner was produced before the learned Magistrate and was remanded to judicial custody. 4
3. The petitioner has moved a bail petition before the court of District and Sessions Judge, FTSC-I (POCSO) at Vijayapura and the learned Sessions Judge by order dated 04.03.2021, rejected the bail petition. Hence, the petitioner has approached this Court.
4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader ( for short, 'HCGP') at length. Perused the records.
5. Learned counsel for the petitioner has contended that, the petitioner is an innocent person and has not committed any offences as alleged; that there are no criminal antecedents against him and he is a student aged about 20 years, and he is languishing in jail since 28.12.2020; that if he is continued to be in custody, his entire future career will be spoiled, as he is likely to come in contact with hard-core criminals; that the charge sheet also indicates that, it was a love affair between the present petitioner and victim girl, who were aged about 20 and 17 years respectively; that the victim girl was aware of the consequences of the act; that investigation is already 5 concluded by the Investigating Officer and charge sheet has been submitted; that the petitioner hails from respectable family having deep roots in the society and he is the permanent resident of Sangli District and that he undertakes to abide by all the terms and conditions to be imposed by this Court. Hence, for these amongst other grounds, it is prayed for admitting him on regular bail.
6. Per contra, learned HCGP has seriously objected the bail by denying contentions raised thereunder. He contended that the present petitioner has enticed the minor girl and took her to Belgaum and stayed there along with her for about four months and committed sexual assault on her having knowledge of consequences. He further contended that, if he is enlarged on bail, there is every possibility of he tampering prosecution witnesses and jumping bail. Hence, has sought for rejection of the bail petition.
7. Having heard the argument and after perusing the records, it is evident that the victim girl is aged about 16 years and 9 months as on the date of the alleged 6 offence. Further, the petitioner was also hardly aged about 20 years when he committed the alleged offences. The allegation is that, both the victim girl and the petitioner eloped as they were in love with each other and stayed in Belgaum for four months, and they had sexual relationship with each other during this period. The petitioner ought to have considered the consequences in this regard as the victim girl is a minor, less than 18 years. Further, he is also not eligible for marriage. It is alleged that both are in love, but both are adolescents, and they are unable to decide the consequences in this regard to take any proper decision, and they have not even settled in life.
8. The statement under Section 146 of Cr.P.C., the victim girl discloses that, she had a love affair with petitioner and she has voluntarily gone along with the present petitioner. However, she being a minor, her consent becomes irrelevant in this regard. However, investigation is concluded and charge sheet is laid down. The petitioner is in custody from 28.12.2020 and his presence is no more required by the Investigating Agency. Further, he is hardly aged about 20 years and if he is 7 allowed to languish in jail, it is evident that his future is likely to be spoiled.
9. Under these circumstances, I do not find any impediment for admitting the present petitioner on regular bail. However, other apprehensions raised by the learned HCGP can be meted-out by imposing certain conditions. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:-
ORDER The petition is allowed. The petitioner/ accused is ordered to be enlarged on regular bail in Crime No.70/2020 of Women Police Station, Vijayapura registered in Special Case No.11/2021 for the offence punishable under Sections 363, 344, 376(2)(n) of IPC and Sections 5(L) and 6 of POCSO Act, on his executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two local sureties for the like-sum to the satisfaction of the concerned trial Court, subject to following conditions:-
i) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
ii) He shall not involve in any criminal activities;8
iii) He shall appear before the trial Court on all hearing dates without fail, except only when he are specifically exempted from doing so;
iv) He shall appear before the Trial Court as and when directed and co-operate with the Trial Court in speedy disposal of the matter;
iv) He shall not leave the jurisdiction of the trial Court without prior permission of the trial Court;
While releasing the petitioner/accused, the Jail Authorities shall follow the SOP issued by State Government.
Sd/-
JUDGE KGR*