Allowed

Krishna S/O Basappa Kalabhavi v. the State of Karnataka

Karnataka HC8 Oct 2020CRL.P/101160/2020

Case brief

AI extract

What is this about?

Criminal petition filed for anticipatory bail under Section 438 Cr.P.C. involving allegations of sexual assault under IPC and POCSO. Court allowed the petition granting bail subject to conditions including execution of bond, appearing before IO, and cooperating with investigation.

What did the court decide?

Petitioner released on bail via personal bond of Rs.1 lakh with one surety, conditioned to appear before IO within 3 weeks and cooperate with investigation.

Krishna S/O Basappa Kalabhavi Vs the State… — Child Sexual Offences (POCSO) | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 08^th DAY OF OCTOBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRL.P.NO.101160/2020

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BETWEEN:

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KRISHNA S/O BASAPPA KALABHAVI AGE: 25 YEARS, OCC: ARMY, R/O: DEVAGOUDANAHATTI, POST: KHANAGAON, TQ: GOKAK, DIST: BELAGAVI-591301.

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... PETITIONER

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(BY SRI. VITTHAL S. TELI, ADV.)

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AND

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THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH BAILHONGAL POLICE STATION, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI.

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NAGAMMA IRAPPA KHILARI AGE: 18 YEARS, OCC: STUDENT, R/O: MEERA APARTMENT, 4TH CROSS,

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SHASTRI NAGAR, BELAGAVI, PRESENTLY R/O: AT WARD NO.4, YALLIPATHI POST: KHANAGAON, TQ: GOKAK, DIST: BELAGAVI-591301.

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... RESPONDENTS

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(BY SMT. SEEMA SHIVA NAIK, HCGP FOR R1 SRI. SHARAD V. MAGADUM, ADV. FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER/ ACCUSED ON ANTICIPATORY BAIL IN KHADEBAZAR P.S. IN CRIME NO.93/2019 & TRANSFERRED TO BAILHONGAL P.S. C.NO.7/2020 ONT EH FILE OF III. ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI FOR THE OFFENCES UNDER SECTIONS 366(A), 376, 506 OF IPC AND UNDER SECTIONS 4, 6, 8, 10 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND UNDER SECTION 3(2)(V) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner

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and the learned HCGP for the respondent-State as well as the learned counsel appearing for respondent No.2-defacto complainant.

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This petition is filed under Section 438

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of Cr.P.C. seeking anticipatory bail in Crime No.93/2019 of Khadebazar Police Station registered for the offences punishable under Sections 366(A), 376, 506 of IPC and under Sections 4, 6, 8, 10 of the Protection of Children from Sexual Offences Act, 2012 and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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The complainant is the victim girl. She is aged about 17 years. Allegations are that the petitioner by promising that he will marry her, induced and took her on a motorcycle on 16/9/2019 to S.K. Lodge in Belgaum and committed penetrative sexual assault on her. Again on 10/11/2019, he took her to the same lodge and once again committed penetrative

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sexual assault and thereafter, refused to marry her.

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The learned counsel for the petitioner

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submits that the petitioner is serving in the Indian Army. He has not indulged in any act as alleged. He further submits that the petitioner and respondent No.2 have got married on 25/4/2020 and their marriage has been registered. The learned counsel appearing for respondent No.2 does not dispute the marriage between the petitioner and the victim.

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According to the prosecution, date of birth of the petitioner is 10.02.2002.

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Respondent No.2 has not disputed the marriage of petitioner with the respondent which was solemnized on 25.04.2020 before the Registrar of Marriage, Gokak. The marriage certificate has been annexed to the petition

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Considering the aforesaid facts and

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circumstances, I am of the view that that petitioner can be released on bail by imposing suitable conditions. Accordingly, the following order.

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ORDER

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Petition is allowed.

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In the event of arrest of the petitioner in Crime No.93/2019 of Khadebazar Police Station, registered for the offences punishable under Sections 366(A), 376, 506 of IPC and under Sections 4, 6, 8, 10 of the Protection of Children from Sexual Offences Act, 2012 and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, he shall be released on bail subject to the following conditions:

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