Karnataka High Court
Sri. Srinivasa. G vs State Of Karnataka on 9 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:28105
CRL.P NO.5074 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5074 OF 2023
BETWEEN:
SRI. SRINIVASA G.
S/O GOVINDAPPA,
AGED ABOUT 20 YEARS,
RESIDING AT PURUVARA VILLAGE,
@ HOBLI,
MADHUGIRI TALUK,
TUMAKURU DISTRICT - 572 125.
...PETITIONER
(BY SRI. YATHISH KUMAR M.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MADHUGIRI POLICE STATION,
MADHUGIRI TALUK,
Digitally
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,
signed by HIGH COURT OF KARNATAKA,
NANDINI MS
BENGALURU - 560 001.
Location:
High Court of
Karnataka 2. SMT. BHARATHI
W/O HANUMANTHARAYAPPA
AGED ABOUT 38 YEARS,
R/O: THAVAKDALLI VILLAGE,
KASABA HOBLI,
MADHUGIRI TALUK,
TUMAKURU DISTRICT - 572 132.
...RESPONDENTS
(BY SRI. S. VISHWA MURTHY, ADVOCATE)
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NC: 2023:KHC:28105
CRL.P NO.5074 OF 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN CRIME NO.54 OF 2023
REGISTERED IN MADHUGIRI POLICE STATION, TUMAKURU
DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
363, 342, 376(2)(n) OF INDIAN PENAL CODE AND SECTION 6
OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The accused in Crime No.54 of 2023 registered by Madhugiri Police Station, Tumakuru District for the offences punishable under Sections 363, 342, 376(2)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act is before this Court seeking regular bail.
2. Heard Sri. Yathish Kumar M.S., learned counsel for the petitioner; Sri. S. Vishwa Murthy, learned High Court Government Pleader appearing for the respondent No.1-State; and Smt. Lakshmi Patel T.L., learned counsel appearing for the respondent No.2.
3. On the basis of the complaint lodged by one Smt. Bharathi w/o Hanumantharayappa on 31st March, 2023, initially -3- NC: 2023:KHC:28105 CRL.P NO.5074 OF 2023 FIR was registered by the Madhugiri Police Station, Tumakuru District for the offence punishable under Section 363 of the Indian Penal Code. In the complaint, it is stated that the minor daughter of the complainant was studying 1st PUC and found missing from the house from 28th March, 2023 onwards. The complainant suspected the hand of the petitioner, who is the van Driver of the college in which her minor daughter was studying and therefore, she had lodged complaint on 31st March, 2023. On recording the statement of the victim girl on 01st April, 2023, offence under Section 342, 376(2)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act were invoked against the petitioner. Investigation is completed and charge-sheet has been filed. The application filed by the petitioner under Section 439 of the Criminal Procedure Code in Criminal Miscellaneous No.434 of 2023 was dismissed by the Additional District and Sessions Judge, (FTSC-1), Tumakuru on 17th April, 2023.
4. Learned counsel for the petitioner reiterates the grounds urged in the petition and submits that the petitioner and victim girl were in love and the victim girl on apprehension that her parents would get her married with another person, -4- NC: 2023:KHC:28105 CRL.P NO.5074 OF 2023 voluntarily went along with the petitioner. The petitioner is aged about twenty years and working as van driver of the college, in which the victim girl was studying.
5. Learned High Court Government Pleader appearing for the respondent No.1 opposed the bail application and submits that the victim girl was a minor girl aged about seventeen years. He further submits that the petitioner had sex with the victim girl and therefore, the petitioner cannot be granted bail.
6. Initially, the FIR was registered for the offence punishable under Section 363 of Indian Penal Code on the basis of the complaint lodged by the mother of the victim girl. The complainant has suspected the hand of the petitioner, who is the driver of the college van. In her statement under Sections 161 and 164 of the Code of Criminal Procedure, the victim girl has stated that she had voluntarily gone along with the petitioner with whom she was in love. She also stated that her parents were in search of a groom to get her married and since she was not willing to marry anybody else other than the person she was in love, she voluntarily went with the petitioner. Petitioner has no criminal antecedents. He is aged -5- NC: 2023:KHC:28105 CRL.P NO.5074 OF 2023 20 years and is the driver of the college van. Petitioner and the victim girl were acquainted to each other. Under the circumstances, I am of the view that the petitioner has made out a prima-facie case for grant of regular bail. Accordingly, I pass the following:
ORDER The petition is allowed.
The petitioner is directed to be released on bail in Crime No.54 of 2023 registered by Madhugiri Police Station, Tumakuru District for the offences punishable under Sections 363, 342, 376(2)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, subject to the following conditions:-
a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the concerned 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;
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NC: 2023:KHC:28105 CRL.P NO.5074 OF 2023 c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d. The petitioner shall not involve in similar offence in future;
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 of.
SD/-
JUDGE ARK