Karnataka High Court
S.A.Dileep vs State Of Karnataka on 18 August, 2020
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2020
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.2768/2020
Between:
S.A. Dileep
S/o K.Annappa
Aged about 35 years
R/at "Bommalingeshwara Nilaya"
Opp. Syndicate Bank, Agrahara
Kunigal Town & Taluk
Tumakuru-572130. ... Petitioner
(By Sri. Venkata Reddy S.K., Advocate)
And:
1. State of Karnataka,
By Amruthur Police, Amruthur
Tumakuru District-572111
Rept. By SPP, High Court of Karnataka
Bengaluru-560001.
2. Sindhu T.H
D/o Hulluraiah
Aged about 18 years
R/at Tippur Village
Yediyur Hobli
Kunigal Taluk
Tumakuru-572142. ...Respondents
(By Sri. Vinayaka V.S., HCGP for R1)
2
This Criminal Petition is filed U/s 439 Cr.P.C. by the
petitioner praying to enlarge him on bail in Cr.No.48/2020 of
Amruthur P.S., Tumakuru for the offence punishable under
Sections 376 and 420 of IPC and Sections 4 and 6 of POCSO
Act.
This criminal petition coming for Orders on this day
through video conference, the court made the following
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1- State.
2. The petitioner is the sole accused in crime No.48/2020 of Amruthur police station registered for the offence punishable under Sections 376 and 420 of IPC and Sections 4 and 6 of POCSO Act, 2012. Charge sheet is filed for the offence punishable under Sections 376 and 417 of IPC and Sections 4 and 6 of POCSO Act, 2012.
3. In brief, it is the case of prosecution that the victim, a minor girl aged about 17 years, while pursuing her 3 studies in Yediyur Sri Siddalingeshwara Pre-University College, the accused got acquainted with her and he used to roam around with her in motor cycle bearing No. KA-13-EL-1896 in and around Yediyur, Bellur, Adichunchanagiri etc. Taking advantage of her friendship, by assuring that he will marry her, he committed penetrative sexual assault on her on several occasions. Thereafter, when she attained majority refused to marry and hence cheated her.
4. Learned counsel for the petitioner submits that this is a case of love affair. At the time of lodging the complaint the victim was a major. He submits that even the parents of victim were also aware of the love affair between the victim and accused. He submits that now a false case has been foisted against the accused making reckless allegations on the ground that he is not ready to marry the victim. He further submits that even according to the medical evidence, there is no recent sign of sexual intercourse committed 4 against the victim. Now the investigation is completed and charge sheet is filed. The accused was arrested on 20.03.2020 and since then he is languishing in juridical custody. He submits that in view of the present situation of Covid-19 pandemic, there will be delay in conclusion of the trial as even though the charge sheet was filed in the month of May 2019 so for the trial has not begun. He submits that by imposing any conditions the petitioner may be enlarged on bail.
5. Per contra, learned High Court Government Pleader vehemently contends that the victim in her statement recorded under Section 164 Cr.P.C. has clearly narrated the entire act committed by the accused. He submits that date of birth of the victim is 21.02.2002 and the incident has taken place from 01.01.2019 to 21.02.2020 and therefore the victim was a minor at the time of incident. He submits that in the event of release of the petitioner he may threaten the victim and tamper with the prosecution witnesses and thereby 5 hamper the case of prosecution. Hence, seeks to reject the petition.
6. I have perused the complaint averments as well as the charge sheet material placed on record. According to the prosecution, the incident has taken place from 01.01.2019 to 21.02.2020. The complaint is lodged on 19.03.2020. In the complaint as well as in the statement of the victim recorded under Section 164 Cr.P.C. the victim has stated that both of them were in love with each other. The petitioner used to call her frequently and also used to send her text messages. When nobody was present in the house, he has committed penetrative sexual assault on her on several occasions by promising to marry her. However, after she attained the age of 18 years, the accused refused to marry and therefore she narrated the entire incident to her parents.
7. The victim was medically examined on 19.03.2020. At that time victim was a major. The averments made by the victim in the complaint as well as in the 6 statement recorded under 164 Cr.P.C. have to be tested during the course of trial. Now the investigation has been completed and charge sheet is filed. The accused was arrested on 23.02.2020 and he is in judicial custody since then. Considering the over all facts and circumstances of the case, I deem it proper to release the petitioner on bail by imposing conditions. Hence, the following ORDER Criminal Petition is allowed.
The petitioner/accused shall be enlarged on bail in Crime No.48/2020 of Amruthur Police Station, Tumakuru, now pending on the file of the I Additional District and Sessions Judge, Tumakuru, for the offences punishable under Sections 376 and 417 of IPC and Sections 4 and 6 of PCSO Act, 2012, subject to following conditions:
1. Petitioner/accused shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh 7 Only) with two sureties for the likesum to the satisfaction of the learned Sessions Judge.
2. Petitioner/accused shall not threaten or induce the victim and shall not tamper with the prosecution witnesses in any manner.
3. Petitioner/accused shall furnish his correct address to the trial Court and shall intimate change of address, if any.
4. Petitioner/accused shall be regular in attending the trial proceedings.
SD/-
JUDGE ssb