Karnataka High Court
Esha @ Eliganuru Veeresha vs The State Of Karnataka on 5 April, 2018
Equivalent citations: AIRONLINE 2018 KAR 2645
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
ON THE 5TH DAY OF APRIL 2018
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION NO. 100582 OF 2018
BETWEEN :
ESHA @ ELIGANURU VEERESHA,
S/O ELIGANURU VEERESHAPPA,
AGE: 28 YEARS, OCC.: FARMER,
R/O 1ST WARD, AGSASARA ONI,
SANAPURA VILLAGE, HOSAPETE,
BALLARI DIST.
- PETITIONER
-
(BY SRI ANWAR BASHA, ADVOCATE)
AND :
THE STATE OF KARNATAKA,
(THROUGH KIAMPLI PS) REPRESENTED BY
ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKAAT DHARWAD.
- RESPONDENT
-
(BY SRI ANAND K. NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTIONS
439 OF CR.P.C. SEEKING TO RELEASE HIM ON BAIL IN
SPL. CASE NO. 233/2017 IN CONNECTION WITH CR. NO.
:2:
37/2017 REGISTERED IN KAMPLI FOR THE OFFENCES
PUNISHABLE U/S 366, 376, 448, 506, 109, 114, 34 OF IPC
AND SEC. 4, 6 AND 17 OF POCSO ACT, 2012 AND SEC. 9
AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006
& ETC.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent-State and also perused the records.
2. The allegation made against the petitioner as per the charge sheet is that, he abducted the victim girl, i.e., daughter of the complainant (by name Anwar Basha) and he took her to different places from 02.04.2017 due to that act on 03.04.2017 the complainant found that, the victim girl was missing in the house of the complainant who is the resident of Sanapur village in Ballari District. :3: Later it was found that, the accused has abducted her and they were caught subsequently and the Police after thorough investigation submitted the charge sheet.
3. Victim statement was recorded by the Police and as well as by the jurisdictional Magistrate u/S 164 of Cr.P.C. The victim girl has categorically reiterated the allegations made against the accused and specifically stated that, he forcibly took her and married her by tying the sacred knot "Tali" to her neck and also he has committed sexual intercourse against her will. Police have also collected the material to show that the victim was aged 16 years as on the date of offence.
4. Though the learned counsel submitted that, there are certain contradictions in the statement of the victim girl and also the accused being in custody for more than one year and they are married to each other, all those facts, in my opinion, at this stage, may not help the :4: petitioner, because of the age of the victim girl. Even the consent of a minor girl is of no avail to the petitioner in any manner.
5. The above said facts and circumstances disclose that the accused has been prosecuted for the offences punishable u/S 366, 376, 448, 506, 109, 114, 34 of IPC; Sec.4, 6 and 17 of POCSO Act, 2012 and Sec. 9 and 10 of Prohibition of Child Marriage Act, 2006. Charge sheet has already been filed in Special Case No. 233/2017 and the same is pending before the learned First Addl. Sessions Judge, Ballari.
6. POCSO Act, 2012 itself says that the trial has to be conducted expeditiously and the matters have to be disposed off within specified time. Under the above said facts and circumstances of the case, I do not find any strong reasons to release the accused on bail because of the above said prima facie materials available against the :5: petitioner. Hence, the petition deserves to be dismissed. Accordingly dismissed. However, the learned First Addl. Sessions Judge, Ballari, where the case in Special Case No. 233/2017 is pending, is hereby directed to expedite the trial itself and dispose off the case as expeditiously as possible.
SD/-
JUDGE bvv