Partly allowed

Bande Navaz Rashmi S/O Vajirsab Rashmi v. the State of Karnataka

Karnataka HC2 Feb 2021CRL.P/101571/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka granted interim bail to the accused for six months in a Rape and POCSO case. The bail was conditional on the petitioner marrying the victim who was a minor at the time of the offence but close to attaining majority, and reporting the marriage to the Court.

What did the court decide?

Interim bail granted for six months till 31.07.2021, subject to personal bond, not leaving jurisdiction, and solemnizing marriage after victim attains majority.

Bande Navaz Rashmi S/O Vajirsab Rashmi Vs… — Child Sexual Offences (POCSO) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 2^nd DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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CRIMINAL PETITION NO.101571/2020

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BETWEEN:

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BANDE NAVAZ RASHMI S/O VAJIRSAB RASHMI AGE 26 YRS, OCC: DRIVER R/O WARD NO.4, GOWLER GUDI ILKAL ILKAL TQ., BAGALKOT DIST.

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.. PETITIONER (BY SRI. ANWAR BASHA, ADVOCATE & SRI. SADIQ N. GOODWALA, ADV.)

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AND:

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THE STATE OF KARNATAKA, THROUGH HNUMASAGAR POLICE STATION REPESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD.

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.. RESPONDENT

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(BY SRI. RAMESH B. CHIGARI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.CASE NO.34/2019 IN CONNECTION WITH CR.NO.55/2019 REGISTERED IN HANUMASAGAR POLICE U/S 376 OF IPC AND SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012

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PENDING TRIAL OF THE CASE BEFORE ADDL. DIST AND SESSIONS JUDGE FTSC-1, KOPPAL IN THE INTEREST OF JUSTICE.

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THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed by the petitioner/accused under Section 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.55/2019 registered by the Hanumasagar Police for the offence punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’, for brevity) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as the ‘POCSO Act’, for brevity) pending before the learned Additional District and Sessions Judge, FTSC-1, Koppal in Spl.Case No.34/2019.

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The case of the prosecution is that, on the complaint of the victim, the police registered a case against the accused for the aforesaid offence. It is alleged by the victim that she fell in love with the accused and the accused promised to marry her. Believing the promise and assurance, the accused, who is said to have sexually assaulted her, due to which, she became pregnant and

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she narrated these facts when she went to Mangalore Lady Goshan hospital for medical examination and the Medical Officer intimated the same to the concerned police. On the basis, the mother of the complainant filed a complaint. Initially, a case was registered in Crime No.24/2019 by Udupi Women Police and thereafter, it was transferred to Hanumasagar on the point of jurisdiction. Subsequent to registering the case, the accused was arrested on 10.06.2019 and he was remanded to the judicial custody. Since then, the accused is in judicial custody. He approached the learned Sessions Judge seeking bail, which came to be rejected. Hence, he is before this Court.

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Learned counsel for the petitioner contended that the petitioner is innocent of the offence alleged. He has been falsely implicated. There is no complaint filed by any of the family members of the victim even though she became pregnant of nine months. The alleged incident took place between 01.05.2017 to 15.08.2018 and the complaint was lodged on 15.05.2019 and further contended that subsequent to lodging of the complaint, the victim gave birth to a child. Even the victim is ready to marry the

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accused and the accused is also ready to marry the victim. In this regard, the parents of the accused have also filed an affidavit for solemnizing the marriage of the victim and the accused. Hence, prayed for granting bail.

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Per contra, learned High Court Government Pleader objected to the bail petition and contended that the victim is a minor girl. She has been sexually assaulted and she became pregnant. The accused is the paternal father of the child born to the victim and during the pendency of this petition, the parents of the victim and the victim were also present before the Court and the Government Pleader submitted that the Court may pass appropriate orders.

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Considering the facts and circumstances, no doubt, the alleged offence said to have taken place between 01.05.2017 and 15.08.2018. At that time, the victim was a minor girl. Admittedly, the complaint came to be lodged in the Udupi Women Police Station on 15.05.2019 only when the victim was taken to the hospital for medical test for delivery and subsequent to the complainant, she gave birth to a female child which is aged about 1½ years. The

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victim along with her parents appeared before the Court and submitted that they are ready to solemnize the marriage of the victim with the accused. The parents of the accused also filed an affidavit to solemnize the marriage of the accused with the victim. However, the age of the victim is 17½ years and she will attain majority on 01.06.2021.

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Therefore, considering the facts and circumstances of the case, and that the victim became pregnant and delivered a baby which is 1½ years old, keeping the petitioner in judicial custody would not serve any purpose. However, the accused is ready to marry the victim and the sexual assault came to light when the victim went to the hospital for delivery and in order to solemnize the marriage between the accused and the victim, this Court feels to grant interim bail for six months till July 2021 subject to the following conditions. Accordingly, I pass the following order.

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The Criminal Petition is allowed in part. The trial Court is directed to release the petitioner on interim bail in Crime No.55/2019 registered by the Hanumasagar Police for the offence punishable under Section 376 of the Indian Penal Code, 1860 and

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under Section 6 of the Protection of Children from Sexual Offences Act, 2012 pending before the learned Additional District and Sessions Judge, FTSC-1, Koppal, in Spl.Case No.34/2019, till 31.07.2021, subject to the following conditions:

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i) The petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the trial court.

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ii) The petitioner shall not leave the jurisdiction of this Court without prior permission of the trial Court.

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iii) The petitioner shall marry the victim after she attains the age of majority in June 2021 and after registering the marriage before the Registrar of Marriage, to submit a report to the Court through police.

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Accordingly, the Criminal Petition is disposed of.

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Sd/JUDGE

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kmv

Bande Navaz Rashmi S/O Vajirsab Rashmi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Bande Navaz Rashmi S/O Vajirsab Rashmi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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