Karnataka High Court
Yashwanth vs State By Honnali Police Station on 27 November, 2018
CRL.P.NO.6606/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER 2018
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.6606 OF 2018
BETWEEN:
YASHWANTH
S/O CHANDRAPPA
AGED ABOUT 21 YEARS
R/O HOLEHONNURU VILLAGE
BHADRAVATHI TALUK
SHIVAMOGGA - 577 301 ...PETITIONER
(BY SRI S.G.RAJENDRA REDDY, ADV.)
AND
STATE BY HONNALI POLICE STATION
DAVANAGERE DISTRICT
REPTD. BY S.P.P.
HIGH COURT, BANGALORE - 560 001. ...RESPONDENT
(BY SRI NASRULLA KHAN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.124/2018 OF HONNALI P.S., DAVANAGERE DISTRICT
FOR THE OFFENCE P/U/S 366, 376 OF IPC AND SEC.6, 12 OF
POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
CRL.P.NO.6606/2018
2
ORDER
Honnali Police have charge-sheeted the petitioner in Crime No.124/2018 of their Police Station for the offences punishable under Sections 366 and 376 of IPC and Section 6 of the POCSO Act.
2. It is alleged that the petitioner kidnapped victim 'X' (for the purpose of confidentiality, the victim is referred to as 'X') aged 17 years on 16.2.2018 from the lawful custody of her parents, luring her of love and stayed with her in Holehonnur for four days. It is alleged that during such stay, he committed forcible sexual intercourse against her.
3. Learned Counsel for the petitioner submits that the relationship was consensual one and there is no medical evidence in proof of rape. As per the medical examination report, there was genital assault. The victim was examined after four months of the incident. Her statement before the Magistrate under Section 164 CRL.P.NO.6606/2018 3 of Cr.P.C. contains incriminating material of sexual assault against the petitioner.
4. Under these circumstances, it is not a fit case to grant bail. Therefore, the petition is dismissed.
Sd/-
JUDGE KNM/-