Karnataka High Court
Manohar Manjunath Channayya vs The State Of Karnataka on 16 June, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16 T H DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.100813 OF 2021
BETWEEN
MANOHAR MANJUNATH CHANNAYYA
AGE. 18 YEARS, OCC. STUDENT,
R/O. KABJARGADDE, SIDDAPUR,
DIST. UTTAR KANNADA-577419
...PETITIONER
(BY SRI.R H ANGADI,ADV.)
AND
THE STATE OF KARNATAKA
(SIDDAPURA POLICE STATION, U.K.)
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD-580011
...RESPONDENT
(BY SRI.RAMESH B. CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439
OF CR.P.C., SEEKING TO ALLOW THE PETITION
AND ENLARGE THE PETITIONER ON BAIL WHO IS
ARRAYED AS AN ACCUSED IN CONNECTION WITH
SIDDAPURA P.S. CRIME NO.153/2020, FOR THE
OFFENCES PUNISHABLE UNDER SECTION 376 OF
IPC, SECTIONS 4 AND 6 OF POCSO ACT, PENDING
ON THE FILE OF ADDL. DISTRICT AND SESSIONS
JUDGE, FTSC-1, U.K. KARWAR (SPECIAL COURT
FOR TRIAL OF CASES FILED UNDER POCSO) ACT,
IN SPECIAL CASE NO.3/2021.
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THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.153/2020 of Siddapura Police Station, registered for the offences punishable under Section 376 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity) pending in Spl. Case No.3/2021 on the file of Addl. District and Sessions Judge,FTSC-1 U.K. Karwar (Special Court for trial of cases filed under POCSO Act).
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2. It is the case of the prosecution that the victim girl aged 14 years 6 months has filed complaint to Siddapura Police station on 04.11.2020 stating that she is staying with her father Gangadhar and mother Geetha and brother Umesh and they belong to SC/ST community and she has completed her studies from 1st standard to 7th standard in Honnegatagi village. As their financial position was not good, she has discontinued her studies from 8 t h standard from Shiraguni school. She is staying in the house of her grand parents in a village by name Shedihonda. It is further stated that one of her relative by name Manohar Manjunatha Channayya (accused) was visiting the house of her grandfather on the eve of festivals. Whenever he was visiting the house of her grandfather, Manohar was in good 4 terms with her and thereafter, he was inviting her to come out of house. She has further alleged that when nobody was in the house, he was misbehaving with her. In the last week of January 2020, there was some pooja of Durgamibka Devi and Pallakki was kept in the house of her grandfather for performing pooja. At that point of time accused/Manohar also came there and he touched her hand and body and asked her to come to betta. On 29.01.2020 at about 11 a.m. Manohar came to the house of her grandfather and took her to betta and committed sexual assault on her. Lastly on 30 t h September Manohar has committed sexual assault on her by taking her to betta. On 19.10.2020 as she was not keeping good health and started vomiting, she was shifted to Government Hospital and after 5 examination doctors have disclosed that victim is pregnant by 7 months. Thereafter, she went to the house of her elder aunt Lalitha. On 02.11.2020 the family members of the victim girl have called the relative of Manohar / accused and have disclosed about the incident and they did not agree, she has filed a complaint on 04.11.2020 to Siddapura Police station. P.S. Crime No.153/2020 for the offences punishable under Section 376 of IPC and Sections 4 and 6 of POCSO Act. The date of birth of the petitioner is 10.05.2003 and he was aged 17 years 5 months as on the date of offence and he was juvenile offender. The Juvenile Justice Board on 20.11.2020 acting under Section 15 of Juvenile Justice Act, 2015 has made preliminary assessment and thereafter he was forwarded to Children's Court 6 at Karwar. The petitioner was arrested on 05.11.2020. The Investigating Officer has filed charge sheet. The petitioner has filed bail application in Spl. Case No.3/2021 and the same came to be rejected by Addl. District and Sessions Judge-FTSC-1, U.K., Karwar by order dated 26.02.2021. Therefore, the petitioner is before this Court seeking bail. Therefore, the petitioner is before this Court seeking bail.
3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It is the contention of the learned counsel for the petitioner/accused that the petitioner is innocent and has not committed any offence as alleged and he has been falsely implicated in the case. The petitioner was 7 aged 17 years 5 months as on the date of alleged offence and he was a student of II PUC Arts and he had no mental and physical capacity to commit such an offence and he has no ability to understand the consequences of his act. There is no material to show that the petitioner is a biological father of the child born to the victim girl. Petitioner is a student and if he is detained in observation home, it will affect his education and he will come in contact with other juveniles who have committed heinous offences. The petitioner has parents and they are ready to take care of petitioner if he is released on bail. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that the offence said to have been committed by the petitioner 8 is a heinous offence punishable with imprisonment for life. The petitioner who is relative of victim girl has misused his position and had sexual intercourse with the victim girl and because of that she became pregnant. The victim girl gave birth to a female child on 13.12.2020 and the blood sample of the child, victim girl and the petitioner has been sent for DNA test and report is awaited. The charge sheet material prima facie show the case against the petitioner for the offences alleged against him. It is his further submission that, if, the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
6. Having regard to the submission made by the learned counsel for the petitioner 9 and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
7. The accusation against the petitioner is that he took the victim girl aged 14 years 6 months to betta and had sexual intercourse with her on several occasions and as a result she became pregnant at her age of 14 years 6 months and she gave birth to a female child on 13.12.2020. The petitioner was aged 17 years 5 months as on the date of offence. The date of birth of the petitioner/accused is 10.05.2003. The Juvenile Justice Board after preliminary assessment has come to the conclusion that the petitioner has mental and physical capacity to commit the alleged offence and he is able to understand the consequences of his acts and has passed order under Section 10 18(3) and referred the case to children Court. Therefore, petitioner is facing trial before the Children Court at Karwar. The petitioner was a student studying in II PUC as on the date of alleged offence. The petitioner is now lodged in Observation Home. There will be other juvenile in observation home who have committed serious offences and the petitioner/accused will come in contact with them. If the petitioner is in observation home, it will affect his education. The petitioner has parents and they are ready to take care of him. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing stringent conditions.
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8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner shall be released on bail in Crime No.153/2020 of Siddapura Police Station subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court. Due to COVID-19, the petitioner is permitted to furnish 12 surety within two months. If circumstances arise, the jurisdictional Court is permitted to extend the period for furnishing surety.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall attend the Court regularly unless exempted and co-
operate in speedy disposal of the case.
Sd/-
JUDGE HMB