Karnataka High Court
Mr. Mariswami S/O Virupakshappa ... vs State Of Karnataka on 22 December, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22 N D DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102389 OF 2021
BETWEEN:
MR. MARISWAMI S /O. VIRUPAKSHAPPA MAINALLI
AGE: 23 YEARS , OCC: COOLIE,
R/O. DADEGA L, DI ST. KOPPAL.
...PETITIONER
(BY SRI NEELENDRA D. GUNDE, ADV .)
AND:
1. STATE OF KARNATAKA,
BY WOMEN POLICE STATION BA LLARI ,
REPRES ENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001.
2. SMT. GEETA W/ O. DURGA PPA PUJARI
AGE: 38 YEARRS , OCC: HOUSEWIFE,
R/O. BENNIKATTI AREA, KOPPA L,
DIST. KOPPAL-583231.
... RES PONDENTS
(BY SRI RAMESH B. CHIGARI , HCGP)
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THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER
IN CRIME NO.52/2021 OF K OPPA L WOMEN POLICE
PENDING BEFORE I ADDITIONA L DISTRICT AN D
SESSIONS JUD GE, FTSC- 1 IN S PL.SC( POCS O) CASE
NO.25/ 2021, REGISTERED WITH KOPPA L WOMEN
POLI CE REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 363, 343, 376 ( 2)( i)(n) , 506 REA D
WITH SECTION 12 AND 8 OF POCS O ACT.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE T HE
FOLLOWING:
ORDER
The sole accused has filed this petition 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.52/2021 of Koppal Women Police Station, registered for the offences punishable under Sections 363, 343, 376(2)(i)(n), 506 of the Indian Penal Code (hereinafter referred to as 3 the 'IPC', for brevity) and Sections 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act', for brevity).
2. The case of the prosecution is that the mother of the victim girl has filed complaint stating that the petitioner/accused is the son of sister of her husband and he used to regularly visit their house and used to move freely with her daughter-victim girl, aged bout 15 years, studying in IX t h standard. Though they advised him not to come to their house but, inspite of that he did not stop visiting their house. That on 25.07.2021 at about 10.00 p.m. the complainant and her family members and the victim girl slept in their house and on the next day i.e. on 26.07.2021 at 6.30 a.m. the victim girl was missing. 4 Thereafter on 31.07.2021 at 7.00 p.m., when the complainant and her husband were searching their daughter near Gadag Road, they found the victim girl and the petitioner/accused near a shed near brick-klin, on seeing them, the petitioner/accused ran away from the spot and the victim girl revealed that on 25.07.2021 at 11.00 p.m., the petitioner took her from her house on the promise to marry her and kept her in a shed and touched and kissed her, but he did not had any physical contact with her. The said complaint came to be registered in Crime No.52/2021 for the offences punishable under Sections 342, 363 of the IPC and Sections 8 and 12 of POCSO Act. After investigation the Police have filed charge sheet for the offences punishable under Sections 363, 343, 376 5 (2)(i)(n), 506 of IPC and Sections 6, 8 and 12 of POCSO Act. The petitioner came to be arrested and he has filed bail application in Special SC (POCSO) No.25/2021 and the same came to be rejected by the learned Additional District and Sessions Judge, FTSC-1, Koppal by order dated 12.10.2021. 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 No.1- State.
The respondent No.2-complainant even after service of notice has remained absent and unrepresented.
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4. The learned counsel for the petitioner would contend that on perusal of the complaint and statement of the victim girl, it is clear that, she is in love affair with the petitioner. The victim girl in her statement stated that she voluntarily went along with the petitioner and he did not had any physical contact with her. The doctor who examined the victim girl has not found any injuries over the body and genital area except the hymen is torn and opined that there is evidence of sexual intercourse. The victim girl even after staying six days with the petitioner, has not made any hue and cry. The petitioner is the son of sister of the father of the victim girl. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed for allowing the petition.
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5. Per contra, learned High Court Government Pleader has contended that the date of birth of the victim girl is 25.03.2007 and she was aged 14 years 4 months as on the date of alleged offence. The doctor who examined her has noted that hymen is torn and opined that there is evidence of sexual intercourse. It is his further submission that the charge sheet material shows prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
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7. The date of birth of the victim girl is 25.03.2007 and she was aged 14 years 4 months on the date of alleged offence. The petitioner/accused is father's sister's son of the victim girl. On perusal of the complaint it is clear that there was a love affair between the petitioner and victim girl. The victim girl in her statement recorded by the Police and recorded under Section 164 of Cr.P.C. has not alleged any sexual intercourse by the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The main objection of the prosecution is that if the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. 9 The said objection can be met with by imposing stringent conditions.
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/accused is ordered to be released on bail in Crime No.52/2021 of Koppal Women Police Station, subject to the following conditions: 10
i) The petitioner/accused 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.
ii) The petitioners shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused shall attend the Court on all dates of hearing, unless exempted, and co-
operate in speedy disposal of the case.
Sd/-
JUDGE SMM