Karnataka High Court
Santhosh T V vs The State By Belthangadi Police on 29 May, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 29TH DAY OF MAY 2014
BEFORE
THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY
Criminal Petition No.3077 of 2014
Between:
Santhosh T.V.
S/o late T.J.Varki
Aged about 43 years
Residing at Bajettabettu House
Near Kukkavu Bridge
Mithabagilu Village
Killoor Post, Belthangadi Taluk
D.K. Mangalore District 575018.
...Petitioner
(By Sri.Y.R.Sadasiva Reddy, Advocate)
And:
The State by Belthangadi Police
Represented by
State Public Prosecutor
High Court of Karnataka
Bangalore 560 001. ... Respondent
(By Sri. K.R.Keshava Murthy, Addl. S.P.P.)
This Criminal Petition is filed under Section 439 of the Code
of Criminal Procedure, 1973, praying to enlarge the petitioner on
bail in Crime No.352/2013 of Belthangadi P.S., D.K., for the
offences punishable under Sections 342, 366(A), 376 R/w of IPC
and 4, 8, 12 of POCSO Act, 2012.
This Criminal Petition coming on for orders this day, the
court made the following:
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ORDER
Heard the learned counsel for the petitioner and the learned SPP.
2. The petitioner is said to be accused No.1. He and accused No.2 are said to have ravished a minor girl who is the complainant. It transpires that the minor named Fathima was alone at home when her mother and grand mother had gone to a santhe in Belthangady on 11.11.2013. It is said she was rolling beedies at home. It is stated that when she felt bored, she want to meet the wife of one Santhosh (A1), a neighbourer. When she went to the house of Santhosh, she was told that his wife was not at home. However, she remained there and engaged Santhosh in discussions. At that time, there were some workers, after they left, it is said Santhosh persuaded the complainant to have sex with him. The complainant is said to have remained in the company of Santhosh in his house till 10 p.m. Thereafter, she left Sathosh's house and while walking on the road, it transpires that accused No.2 Jagadish came along in his car and on seeing the complainant who was walking alone -3- had asker her to join him in his car and that she was taken to a rubber plantation and she was ravished by Jagadish. Thereafter, she had again accompanied him in his car to go towards the house of Santhosh to collect her burqa, which she is said to have left behind, but on the way, the car was said to have been waylaid by the complainant's uncle Sidiq, and others accompany him, and they had all joined in thrashing the said Jagadish as well as the complainant suspecting their escapade. Thereafter, she was rescued by other people who had gathered. It is in this background, that a case has been registered against the petitioner and another of having abducted and ravished the complainant and of the commission of offences punishable under Sections 342, 366-A, 376 read with Section 34 IPC on the footing that the complainant was a minor. The petitioner having approached the court below seeking bail, the same has been rejected after noticing the sequence of events and the conduct of the complainant, only on the ground that she was said to be a minor and therefore, the allegations take on a different hue.
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3. In the facts and circumstances, the minority of the alleged victim is yet to be established. This is noticed by the court below itself. Therefore, in the given circumstances, it cannot be said that the complainant was forced into any kind of relationship on the face of it. On the other hand, her possible promiscuity is evident. Therefore, the petitioner is entitled to be enlarged on bail.
(i) The petition is allowed.
(ii) The petitioner shall execute a personal
bond for a sum of Rs.50,000/- (Rupees
Fifty thousand) with one solvent surety for a likesum to the satisfaction of the concerned Court.
(iii) The petitioner shall not directly or indirectly seek to influence the prosecution witnesses.
(iv) He shall appear before the Investigation officer as and when required and shall co- operate with the Investigating Officer.
(v) The petitioner shall attend the Court regularly.
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(vi) In case of violation of any of these conditions, the Court is at liberty to pass suitable orders.
Sd/-
JUDGE Srl.