The Court dismissed ten connected bail petitions concerning alleged repeated sexual exploitation of a 15-year-old girl. It declined bail to all petitioners and rejected their claim to parity with a co-accused already released on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION No.4595/2021 C/W
CRIMINAL PETITION Nos.3703/2021, 4482/2021, 4533/2021, 4545/2021, 4547/2021, 4636/2021, 4737/2021, 4937/2021 AND 5455/2021
IN CRL P NO.4595/2021:
BETWEEN :
SRI.PRASANNA K.S., S/O SURESH K.V. AGED ABOUT 29 YEARS R/AT HIMBRAVALLI VILLAGE BILL GADDE POST KOPPA TALUK-577 112. … PETITIONER
(BY SRI: AJAY.M.PRABHU, ADVOCATE FOR SRI: SACHIN B.S., ADVOCATE)
AND :
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CHIKKAMAGALURU-577 139. REPRESENTED BY ITS CHAIRPERSON SUBRAMANYA G. … RESPONDENTS
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 376, 109, 114 OF IPC, SECTION 3(a) READ WITH SECTIONS 4, 17, 19 OF POCSO ACT AND SECTIONS 3, 4, 5 OF ITP ACT AND SECTION 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT.
IN CRL P NO.3703/2021:
BETWEEN :
S/O DHARMAPPAGOWDA AGED ABOUT 34 YEARS OCCUPATION AGRICULTURIST R/AT HINDRAVALLI HERURU VILLAGE SRINGERI TALUK CHIKKAMAGALURU-577 101.
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R/AT. KHANCHINAGARA SRINGERI TALUK, CHIKKAMAGALURU-577 101. ….PETITIONERS
(BY SRI: GIRISH B BALADARE, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1, R2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.12/2021 SPL.C.(POCSO) NO.24/2021 OF SRINGERI P.S., CHIKKAMAGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 201, 370, 376(3), 376(N) OF IPC AND SECTION 75 OF J.J.ACT AND SECTIONS 4, 3, 5 OF POCSO ACT AND SECTIONS 3, 14 OF CHILD LABOUR PROTECTION AND REGULATION AMENDMENT ACT AND SECTION 6 OF I.T.P ACT.
IN CRL P NO.4482/2021:
BETWEEN :
MR. DEVISHARAN S/O SURENDRA AGED ABOUT 27 YEARS RESIDING AT SAMPEKOLALU KUNTOORU VILLAGE, SRINGERI TALUK CHIKKAMAGALURU DISTRICT-577 139. …PETITIONER
(BY SMT: SHARADI S SHETTY, ADVOCATE)
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AND:
….RESPONDENTS
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1, R2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120(B), 366(A), 376(2)(n), 376(D), 370, 201, 342, 254(c), 109, 114 OF IPC, SECTIONS 4, 5(g)(i) READ WITH SECTIONS 6, 14, 15, 17, 19 OF POCSO ACT, SECTIONS 4, 5, 6 OF I.T.P. ACT AND SECTION 75 OF JUVENILE JUSTICE ACT AND SECTION 66(e) OF INFORMATION TECHNOLOGY ACT.
IN CRL P NO.4533/2021:
BETWEEN :
SUGAM S. S/O SATHISH S AGED ABOUT 22 YEARS R/AT. NEAR DURGA TEMPLE THYAVANNA POST
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SRINGERI TALUK CHIKKAMAGALURU-577 139. ….PETITIONER
(BY SRI: ANAND R.V., ADVOCATE)
AND:
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376D, 114 OF IPC, SECTION 5(g) READ WITH SECTIONS 6, 17, 19 OF POCSO ACT AND SECTIONS 3, 4, 5 OF ITP ACT AND SECTION 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT.
IN CRL P NO.4545/2021:
BETWEEN :
GANESH K.A. @ RAJU S/O APPANNAGOWDA AGED ABOUT 37 YEARS R/AT. KAVADI, ADDAGADDE VILLAGE SRINGERI TALUK, CHIKKAMAGALUR-577 139.
…PETITIONER
(BY SRI: MURALIDHARA S., ADVOCATE)
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AND:
CHILD WELFARE COMMITTEE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT CHIKKAMAGALURU-577 101. ….RESPONDENTS
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 370(A), 366(A), 370(4), 376, 109 OF IPC, SECTIONS 3(A), 4, 17, 19 OF POCSO ACT AND SECTIONS 4, 5 OF I.T.P ACT AND SECTION 75 OF J.J.ACT.
IN CRL P NO.4547/2021
BETWEEN:
UMESH N.M. S/O NAGAPPA GOWDA AGED ABOUT 42 YEARS R/AT. SHIDLE, MASKE VILLAGE SRINGERI TALUK CHIKKAMAGALUR-577 139. …PETITIONER
(BY SRI: MURALIDHARA S., ADVOCATE)
AND:
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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 SPL C.(POCSO) NO.24/2021 OF SRINGERI P.S., CHIKKAMAGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366, 376, 370(4), 370(A) OF IPC AND SECTIONS 3(A) AND 4 OF POCSO ACT.
IN CRL P NO.4636/2021
BETWEEN:
SRI.SAGAR S. S/O SURESH AGED ABOUT 22 YEARS R/AT BAPPUNJI KAIMARA NUGGI GRAMA, BERUKUDIKE POST KOPPA TALUK-577 127. …PETITIONER
(BY SRI: AJAY.M.PRABHU, ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE)
AND:
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DEPARTMENT CHIKKAMGALURU-577 102. REPRESENTED BY ITS CHAIRMAN SUBRAHMANYA G. ….RESPONDENTS
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 & R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376, 114 OF IPC, 3A READ WITH SECTIONS 4, 17, 19 OF POCSO ACT AND SECTIONS 3, 4, 5 OF ITP ACT AND SECTION 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT.
IN CRL P NO.4737/2021
BETWEEN:
MR.ABHISHEK @ SMALL ABHI S/O KRISHNAPPA POOJARY, AGED ABOUT 24 YEARS RESIDING AT SAMPEKOLALU KIKRE, SRINGERI TALUK CHIKKAMAGALURU DISTRICT-577 139.
….PETITIONER
(BY SRI: VENKATESH SOMAREDDI, ADVOCATE)
AND:
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DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT CHIKKAMAGALURU-577 101.
….RESPONDENTS
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 366A, 376(2)(N), 376D, 370, 201, 342, 254C, 109, 114 OF IPC SECTIONS 4, 5(J)(i) READ WITH SECTION 6 OF POCSO ACT AND SECTION 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT AND SECTIONS 4, 5, 6 OF IMMORAL TRAFFIC PREVENTION ACT.
IN CRL P NO.4937/2021
BETWEEN:
NAYANA R @ NAYANAGOWDA AGED ABOUT 27 YEARS OCCUPATION: MECHANIC RESIDING AT KALKATTE SRINGERI TALUK CHIKKAMAGALURU DISTRICT-577 319.
…PETITIONER (BY SRI: K.S.GANESHA, ADVOCATE)
AND:
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CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577 101.
….RESPONDENTS
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 354A(1)(ii), 354(D), 509 OF IPC READ WITH SECTIONS 12, 18 OF POCSO ACT.
IN CRL P NO.5455/2021
BETWEEN:
ABHISHEK V.K., S/O KUMARASWAMY AGED ABOUT 22 YEARS OCCUPATION AGRICULTURIST R/O VADALE THAMMADAVALLI VILLAGE HARIHARAPURA HOBLI KOPPA TALUK CHIKKAMAGALUR DISTRICT-577 101.
…PETITIONER
(BY SRI: GIRISH B BALADARE, ADVOCATE)
AND:
(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.12/2021 OF SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376(D), 114 OF IPC AND SECTION 5(G) READ WITH SECTIONS 6, 17, 19 OF POCSO ACT AND SECTIONS 3, 4, 5 OF ITP ACT READ WITH SECTION 75 OF J.J.ACT.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT OF ORDERS TODAY, THE COURT PASSED THE FOLLOWING:
COMMON ORDER
The petitioner in Criminal Petition No.4595 of 2021 is
arrayed as accused No.28, the petitioners in Criminal Petition No.3703 of 2021 are arrayed as accused Nos.29, 30 and 33, the petitioner in Criminal Petition No.4482 of 2021 is arrayed as accused No.31, the petitioner in Criminal Petition No.4533 of 2021 is arrayed as accused No.20, the petitioner in Criminal Petition No.4545 of 2021 is arrayed as accused No.25, the petitioner in Criminal Petition No.4547 of 2021 is arrayed as accused No.23, the petitioner in Criminal Petition No.4636 of 2021 is arrayed as accused No.19, the petitioner in Criminal Petition No.4737 of 2021 is arrayed as accused No.1, the petitioner in Criminal Petition No.4937 of 2021 is arrayed as accused
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No.13, the petitioner in Criminal Petition No.5455 of 2021 is arrayed as accused No.21, are before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.12/2021 of Sringeri Police Station, pending on the file of Additional District & Sessions Court, Chikkamagalur District, Chikkamagalur, registered for the offences punishable under Sections 120-B, 366A, 370A, 370(4), 376(2)(N), 376(D), 201, 342, 109 and 114 of the Indian Penal Code (for short 'IPC') and Sections 3(a), 5(g)(i) read with Sections 6, 14, 15, 17, 19 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and Sections 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 (for short ‘the ITP Act’) and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘the JJ Act’) and Sections 3, 14 of the Child Labour (Prohibition & Regulation) Amendment Act, 2016 (for short ‘the Act of 2016’) on the basis of first information lodged by the informant-Subramanya.G.
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prosecution is that, the FIR in Crime No.12 of 2021 of Sringeri Police Station was registered on the basis of the first information lodged by the informant, the Chairperson of Child Welfare Committee, Chikkamagaluru District. The informant stated that the victim girl aged 15 years was subjected to sexual assault from 01.09.2020 till 27.01.2021 by accused Nos.1 to 15 and 17, named in the first information and accused No.16 being the aunt of the victim girl in spite of coming to know about the sexual assault, had not taken any steps to protect her. Thereby, all the accused have committed the offences as stated above. It is also stated by the informant that the victim girl refers to the names of several persons who have committed sexual assault on her. She also states that several other persons have also committed similar offence, but she was not in a position to name them. Therefore, he requested the police to register the case and to initiate investigation. Accordingly, the police took up investigation.
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arrangements and accordingly, accused No.28 with the assistance of accused Nos.1 and 16 committed penetrative sexual assault on the victim in the house of accused No.16.
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Government Pleader for respondent No.1 in all the appeals. Perused the materials placed on record.
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of 2021 is arrayed as accused No.1 and was apprehended on 01.02.2021, the petitioner in Criminal Petition No.4937 of 2021 is arrayed as accused No.13 and was apprehended on 17.02.2021 and the petitioner in Criminal Petition No.5455 of 2021 is arrayed as accused No.21 and was apprehended on 07.02.2021.
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mentioning the names of several accused in such statement and further statements. On the basis of these information, the Investigating Officer proceeded to implicate the petitioners without any basis. After investigation, as many as 33 charge sheets came to be filed. As per these charge sheets, the main accused are accused Nos.1 and 16. Other accused have only visited the victim as customers from whom the victim and accused No.16 said to have collected the amount. These petitioners were not at all aware of the fact that the victim was still a minor. The charge sheet is filed against 52 persons who are said to have committed sexual assault on the victim on different occasions. The victim was not in a position to state as to who committed sexual assault on her, on what date and at which place. Bald and general allegations are made against all the accused without there being specific overt act alleged against any of these petitioners. The names of accused Nos.27, 29, 30, 33 and 34 were not mentioned even in the statement recorded under Section 164 of Cr.P.C. The medical records filed by
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the Investigating Officer in support of the charge sheet discloses that there were no signs of recent sexual assault and there were no injuries on the person to suggest forcible sexual assault. These accused were apprehended only on the basis of either the further statements of victim or the so-called voluntary statement of the co-accused. Now the investigation is already completed and a detailed charge sheets were filed. The matter is now pending in Spl.C (POCSO) No.24 of 2021 before the learned Additional District and Sessions Judge, FTSC-I, at Chikkamagaluru for hearing before charge. Under such circumstances, detention of these petitioners who are not having criminal antecedents would amount of pre-trial punishment.
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against accused No.13 is that he was harassing the victim to send nude photos and videos and was blackmailing her. No offence under Section 376 of IPC is alleged against him.
delay in lodging the complaint. The victim has not named any of these petitioners even after registration of FIR. However, statements of the victim were concocted by the Investigating Officer without any basis. None of the provisions under ITP Act could be attracted against any of these petitioners, as the same is invoked against accused No.16 alone. The petitioners are the permanent residents of the addresses mentioned in the cause title to the petitions and are ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, they pray for allowing the petitions.
opposing the petitions submitted that initially FIR was registered on the basis of first information lodged by the
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Chairperson of Child Welfare Committee, Chikkamagaluru against accused Nos.1 to 17. The victim is a minor aged 15 years and she was traumatized due to the repeated sexual assault by these accused. Accused No.16 is her aunt who used the victim girl for prostitution and used to collect money from the accused through accused No.1. Therefore, the victim was subjected to counseling by the Counselor. Initially, she could not even narrate the trauma suffered by her, but subsequently, she gave her statement and further statements specifically naming several accused. Even though the victim was not in a position to give the exact date, time and place of commission of the offence, she has specifically stated the names of the said accused. Her statement under Section 164 of Cr.P.C is also recorded by the learned Magistrate, wherein, she spoke about the incident that had occurred and the names of the accused. The voluntary statements of the accused were also recorded, wherein, they referred
to the names of the co-accused who have committed the offence. As many as 16 charge sheets were filed against
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accused No.1 and 3 charge sheets were filed against accused No.31, who initially committed sexual assault on the victim girl, video graphed the same and shared with others. They started blackmailing the victim by showing the video, which compelled the victim to succumb to their demands. Now the investigation is completed and the charge sheets are also filed. Looking to the nature and seriousness of the offences, the petitioners are not entitled for grant of bail. If they are enlarged on bail, the same would have negative impact on the victim girl who is required to depose before the Court during trial. That will traumatize her and the victim may withdraw herself from deposing against the petitioners. Looking to the strong prima facie materials that are placed before the Court, which is punishable either with death or imprisonment for life, the petitioners are not entitled for grant of bail.
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Hospital at Sringeri and thereafter she was taken to Kasturaba Medical College and Hospital at Manipal and treated there on 02.06.2021. The mobile phone belonging to accused No.31, which was used for taking obscene photos and videos of the victim and sharing the same with others was seized. It is stated that the petitioners were getting nude photos and videos of the victim and they used to share with others. They used to blackmail the victim girl and therefore, the victim was not dare enough to lodge any complaint against any of the accused since her aunt – accused No.16 herself was running prostitution with the help of other accused.
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However, the victim has specifically stated that since several persons have committed sexual assault on her at different point of time, she has forgotten their names but some of them have committed sexual assault repeatedly. The mobile handset of accused Nos.1 and 31 were recovered and the videographs used for blackmailing the victim were retrieved.
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all these petitioners. Thus, the learned Special Public Prosecutor-I submits that in view of the seriousness of offences, where a minor girl aged 15 years was driven to prostitution and penetrative sexual assault was committed on her by all the accused repeatedly, accused No.1 and 16 used to collect money from the other accused for facilitating commission of offence. Therefore, they are not entitled to be enlarged on bail as the same would have an impact on the victim girl who is now staying in Swadar Gruha. Accordingly, he prays for dismissal of the petitions.
“Whether the petitioners are entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negative’ for the following:
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R E A S O N S
that the victim aged 15 years was sexually assaulted by accused Nos.1 to 15, 17 to 52 during the period from 01.09.2020 till 27.01.2021. The Chairperson of Child Welfare Committee, Department of Women and Child Development, Chikkamagaluru lodged the first information and the FIR was registered in Crime No.12 of 2021. It is stated that accused No.16 is said to be the aunt and custodian of the minor girl, driven her to the prostitution in
her greed to make easy money. When this fact was brought to the notice of the Chairperson, Child Welfare Committee, he filed the first information giving details which were available with him as on that date. It is stated that since the victim girl who is of tender age was subjected to sexual assault repeatedly, from 01.09.2020 till 27.01.2021, she went into the shell and was not in a position to explain her ordeal. However, she was taken to
the hospital at Sringeri and thereafter to Manipal and provided necessary treatment. During this period, the
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victim was counseled by the Counselor and slowly the victim started revealing the fact that her aunt - accused No.16 with the aid of accused No.1 was forcing her to prostitution. Accused No.1 who committed sexual assault on her initially and on several occasions thereafter, had videographed the act and started sharing the same with other accused. He also took her nude pictures which were being used to blackmail the victim girl to dance to his tune. It was accused Nos.1 and 16 who made earning by facilitating commission of sexual assault on the minor girl by other accused repeatedly. In turn, they used to collect money which was being shared by accused Nos.1 and 16.
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recorded by the Investigating Officer by giving regular intervals as the condition of the victim was very delicate, who was subjected to sexual assault repeatedly for a long period of time by number of persons, that too, when she was not having anybody to support her. Her statements under Section 164 of Cr.P.C. were recorded by the learned Magistrate and it is stated that the victim named the accused and explained the act committed by them.
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164 of Cr.P.C. on 24.03.2021. The charge sheet No.8(U) of 2021 is filed against him for the above said offences.
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of Cr.P.C. on 05.04.2021. The charge sheet No.8(I) of 2021 is filed against him for the above said offences.
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charge sheet No.8(J) of 2021 is filed against him for the above said offences.
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further statement dated 06.02.2021. She also named him in her statement recorded under Section 164 of Cr.P.C. on 24.03.2021 and 05.04.2021. The charge sheet No.8(1) of 2021 is filed against him for the above said offences.
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apprehended, but the remaining 8 are still absconding. The learned Magistrate took cognizance of the offences and now the matter is pending in Spl.C (POCSO) No.24 of 2021 before the learned Additional District and Sessions Judge, FTSC-I, at Chikkamagaluru.
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the offence by each petitioners, that would have been an artificial statement, which could not have been believed.
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she returned to normalcy. If in the meantime, the petitioners are to be enlarged on bail, that would definitely have a devastating effect on the victim. She may even lose the last ray of hope. No child aged 15 years, without the support of parents and other family members could withstand such situation, that too, when the culprits are at large. I could reasonably apprehend that the release of the petitioners will have an adverse impact on the victim, which will make her to withdraw herself from the prosecution. The victim in a civilized society feeling lonely and helpless will have a far reaching consequences and it will be a challenge to the prosecuting agency. It may also have its shadow on this Institution of justice delivery system. Therefore, I am of the opinion that the safety and security of the helpless, minor victim is a priority rather than the personal liberty of the petitioners who are accused of committing heinous crime against the child.
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No.15 who is enlarged on bail by this Court, the same cannot be extended to these petitioners as the overt act alleged against these petitioners is entirely different from the overt act alleged against accused No.15. It is found that there is no allegation of sexual assault against accused No.15. It is stated that he had called the victim through video call and asked her to be naked. However, she refused to the demand and disconnected the call. Therefore, the petitioners are not entitled to be enlarged on bail, even on parity.
The petitions are dismissed.
Sd/JUDGE
*bgn/-
2 issues framed by the court
Were the petitioners entitled to bail in the prosecution concerning repeated sexual exploitation of a minor?
Were the petitioners entitled to parity with accused No.15, who had been granted bail?
Colour shows how this judgement treated each authority
Criminal Petition No.3698 of 2021 vide order dated 16.06.2021Distinguished¶222
2 provisions across 1 enactments
PRASANNA K.S.
STATE OF KARNATAKA
CHILD WELFARE COMMITTEE
SUDEER S.N.
CHILD DEVELOPMENT PROJECT OFFICER
SUBRAMANYA G.
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.G. UMA
Parties & counsel
