Dismissed

Mr Abhishek @ Small Abhi v. the State of Karnataka

Karnataka HC8 Oct 2021CRL.P/4737/2021

Case brief

AI extract

What is this about?

Bail petitions by several accused in a crime of repeated penetrative sexual assault on a 15-year-old girl, who was driven to prostitution by her aunt and another accused who blackmailed her with nude photographs and videos. The court found the victim's statements and identification credible, refused parity with a co-accused granted bail, and dismissed the petitions, treating the victim's safety as

What the court decided

AI extract

Mr Abhishek @ Small Abhi Vs the State of… — Child Sexual Offences (POCSO) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF OCTOBER, 2021

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BEFORE

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THE HON’BLE MRS.JUSTICE M.G. UMA

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CRIMINAL PETITION No.4595/2021 C/W

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CRIMINAL PETITION Nos.3703/2021, 4482/2021, 4533/2021, 4545/2021, 4547/2021, 4636/2021, 4737/2021, 4937/2021 AND 5455/2021

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IN CRL P NO.4595/2021:

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BETWEEN :

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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

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(BY SRI: AJAY.M.PRABHU, ADVOCATE FOR SRI: SACHIN B.S., ADVOCATE)

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AND :

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STATE OF KARNATAKA BY SRINGERI POLICE STATION CHIKKAMAGALURU-577 139. REP. BY ITS SPP HIGH COURT BUILDING BENGALURU-560 001.

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CHILD WELFARE COMMITTEE DEPARTMENT OF WOMEN AND CHILD DEPARTMENT

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CHIKKAMAGALURU-577 139. REPRESENTED BY ITS CHAIRPERSON SUBRAMANYA G. … RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)

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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 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.

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IN CRL P NO.3703/2021:

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BETWEEN :

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SUDEER S.N. S/O NAGESH AGED ABOUT 33 YEARS OCCUPATION AGRICULTURIST RESIDING AT SAMPE KOLALU KUNTHURU VILLAGE SRINGERI TALUK CHIKKAMAGALUR-577 101.

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AVINASH

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S/O DHARMAPPAGOWDA AGED ABOUT 34 YEARS OCCUPATION AGRICULTURIST R/AT HINDRAVALLI HERURU VILLAGE SRINGERI TALUK CHIKKAMAGALURU-577 101.

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BHARGAVA S/O DHARMARAJA AGED ABOUT 23 YEARS OCCUPATION ELECTRICIAN

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R/AT. KHANCHINAGARA SRINGERI TALUK, CHIKKAMAGALURU-577 101. ….PETITIONERS

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(BY SRI: GIRISH B BALADARE, ADVOCATE)

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AND:

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STATE BY SRINGERI POLICE STATION CHIKMAGALUR DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560 001.

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CHILD DEVELOPMENT PROJECT OFFICER CHILD DEVELOPMENT PROJECT WOMEN AND CHILD WELFARE DEPARTMENT SRINGERI, CHIKKAMAGALURU DISTRICT-577 101.

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…RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1, R2 - SERVED)

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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.

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IN CRL P NO.4482/2021:

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BETWEEN :

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MR. DEVISHARAN S/O SURENDRA AGED ABOUT 27 YEARS RESIDING AT SAMPEKOLALU KUNTOORU VILLAGE, SRINGERI TALUK CHIKKAMAGALURU DISTRICT-577 139. …PETITIONER

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(BY SMT: SHARADI S SHETTY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH THE SRINGERI POLICE STATION CHIKKAMAGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

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SUBRAMANYA G. FATHER’S NAME NOT KNOWN AGED ABOUT 45 YEARS CHAIRPERSON CHILD WELFARE COMMITTEE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, CHIKKAMAGALURU-560 101.

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….RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1, R2 - SERVED)

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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 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.

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IN CRL P NO.4533/2021:

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BETWEEN :

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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

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(BY SRI: ANAND R.V., ADVOCATE)

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AND:

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THE STATE BY SRINGERI POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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SUBRAHMANYA G. CHAIRPERSON CHILD WELFARE COMMITTEE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT CHIKKAMAGALURU-577 101. ….RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)

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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 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.

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IN CRL P NO.4545/2021:

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BETWEEN :

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GANESH K.A. @ RAJU S/O APPANNAGOWDA AGED ABOUT 37 YEARS R/AT. KAVADI, ADDAGADDE VILLAGE SRINGERI TALUK, CHIKKAMAGALUR-577 139.

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…PETITIONER

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(BY SRI: MURALIDHARA S., ADVOCATE)

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AND:

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THE STATE BY SRINGERI POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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SUBRAHMANYA G. CHAIRPERSON

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CHILD WELFARE COMMITTEE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT CHIKKAMAGALURU-577 101. ….RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)

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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 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.

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IN CRL P NO.4547/2021

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BETWEEN:

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UMESH N.M. S/O NAGAPPA GOWDA AGED ABOUT 42 YEARS R/AT. SHIDLE, MASKE VILLAGE SRINGERI TALUK CHIKKAMAGALUR-577 139. …PETITIONER

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(BY SRI: MURALIDHARA S., ADVOCATE)

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AND:

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THE STATE BY SRINGERI POLICE STATION REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560 001.

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SUBRAHMANYA G. CHAIRPERSON CHILD WELFARE COMMITTEE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT CHIKKAMAGALURU-577 101. ….RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 R2 - SERVED)

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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 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.

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IN CRL P NO.4636/2021

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BETWEEN:

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SRI.SAGAR S. S/O SURESH AGED ABOUT 22 YEARS R/AT BAPPUNJI KAIMARA NUGGI GRAMA, BERUKUDIKE POST KOPPA TALUK-577 127. …PETITIONER

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(BY SRI: AJAY.M.PRABHU, ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA SRINGERI POLICE STATION CHIKKAMAGALURU-577 102. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001.

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CHILD WELFARE COMMITTEE

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DEPARTMENT OF WOMEN AND CHILD

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DEPARTMENT CHIKKAMGALURU-577 102. REPRESENTED BY ITS CHAIRMAN SUBRAHMANYA G. ….RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1 & R2)

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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, 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.

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IN CRL P NO.4737/2021

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BETWEEN:

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MR.ABHISHEK @ SMALL ABHI S/O KRISHNAPPA POOJARY, AGED ABOUT 24 YEARS RESIDING AT SAMPEKOLALU KIKRE, SRINGERI TALUK CHIKKAMAGALURU DISTRICT-577 139.

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….PETITIONER

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(BY SRI: VENKATESH SOMAREDDI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH THE SRINGERI POLICE STATION CHIKKAMAGALURU. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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SUBRAMANYA G. FATHER’S NAME NOT KNOWN AGED ABOUT 45 YEARS CHAIRPERSON CHILD WELFARE COMMITTEE

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DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT CHIKKAMAGALURU-577 101.

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….RESPONDENTS

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(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 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.

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IN CRL P NO.4937/2021

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BETWEEN:

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NAYANA R @ NAYANAGOWDA AGED ABOUT 27 YEARS OCCUPATION: MECHANIC RESIDING AT KALKATTE SRINGERI TALUK CHIKKAMAGALURU DISTRICT-577 319.

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…PETITIONER (BY SRI: K.S.GANESHA, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY SRINGERI POLICE STATION CHIKKAMAGALURU-577 102. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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SRI. SUBRAMANYA G. PRESIDENT, DISTRICT CHILDREN WELFARE COMMITTEE

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CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577 101.

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….RESPONDENTS

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(BY SRI: V.M.SHEELVANTH, SPP-I A/W SRI. K.S.ABHIJITH, HCGP FOR R1)

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IN CRL P NO.5455/2021

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BETWEEN:

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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.

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…PETITIONER

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(BY SRI: GIRISH B BALADARE, ADVOCATE)

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AND:

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STATE BY SRINGERI POLICE STATION CHIKKAMAGALUR DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING

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BANGALORE-560 001.

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SUBRAMANYA G.

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PRESIDENT, DISTRICT CHILDREN WELFARE COMMITTEE CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577 101. ….RESPONDENTS

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(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.

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THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT OF ORDERS TODAY, THE COURT PASSED THE FOLLOWING:

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COMMON ORDER

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The petitioner in Criminal Petition No.4595 of 2021 is

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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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Brief facts of the case as made out by the

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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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It is stated that the victim was subjected to medical examination. Her statement, further statements and her statement under Section 164 Cr.P.C. before the learned Magistrate were said to have been recorded, wherein, she refers to the names of as many as 52 accused and identified them as they are the authors of the crime. The Investigating Officer filed the charge sheets 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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It is specifically contended that accused Nos.1, 3 and 28 are friends and accused Nos.1 and 3 informed accused No.28 regarding the victim girl and stated that she is still a minor studying in SSLC and if Rs.1,000/- is paid to accused No.16 who is the aunt of the victim, she will make arrangements to have physical relationship with the victim. Accordingly, all these accused criminally conspired to commit sexual assault on the victim and accused No.1 called accused No.16 to make necessary

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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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Accused No.1 with an intention to earn money by prostitution used the victim girl and took several nude photos and videos of the victim in his mobile phone and started blackmailing her that the same will be uploaded in the social media and committed penetrative sexual assault repeatedly and allowed other accused to commit similar offence. Accused No.1 used to collect Rs.1,000/- and used to pay Rs.500/- to accused No.16 for accommodating the illegal acts. Accused No.16 projecting herself as aunt of the victim girl, driven her to the prostitution and used to earn money out of the same, as she used to receive Rs.500/- on each occasion from accused No.1 for accommodating such sexual assault by various other accused.

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Heard Sri.Ajay.M.Prabhu, learned counsel for Sri.Sachin.B.S., learned counsel for the petitioner in Criminal Petition No.4595 of 2021, Sri. Girish.B.Baladare, learned counsel for the petitioners in Criminal Petition No.3703 of 2021, Smt.Sharadi.S.Shetty, learned counsel for the petitioner in Criminal Petition No.4482 of 2021, Sri. Anand.R.V., learned counsel for the petitioner in Criminal Petition No.4533 of 2021, Sri. Muralidhara.S., learned counsel for the petitioner in Criminal Petition Nos.4545 of 2021, 4547 of 2021, Sri.Ajay.M.Prabhu, learned counsel for Sri.Sachin.B.S., learned counsel for the petitioner in Criminal Petition No.4636 of 2021, Sri.Venkatesh Somareddi, learned counsel for the petitioner in Criminal Petition No.4737 of 2021, Sri.K.S.Ganesha, learned counsel for the petitioner in Criminal Petition No.4937 of 2021 and Sri.Girish.B.Baladare, learned counsel for the petitioner in Criminal Petition No.5455 of 2021 and Sri.V.M.Sheelvanth, learned Special Public Prosecutor-I along with Sri.K.S.Abhijith, learned High Court

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Government Pleader for respondent No.1 in all the appeals. Perused the materials placed on record.

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Learned counsel for the petitioners submitted that the petitioner in Criminal Petition No.4595 of 2021 is arrayed as accused No.28 and was apprehended on 18.02.2021, petitioners in Criminal Petition No.3703 of 2021 are arrayed as accused Nos.29, 30 and 33 and were apprehended on 19.02.2021, 20.02.2021 and 27.02.2021 respectively, the petitioner in Criminal Petition No.4482 of 2021 is arrayed as accused No.31 and was apprehended on 25.02.2021, the petitioner in Criminal Petition No.4533 of 2021 is arrayed as accused No.20 and was apprehended on 07.02.2021, the petitioner in Criminal Petition No.4545 of 2021 is arrayed as accused No.25 and was apprehended on 16.02.2021, the petitioner in Criminal Petition No.4547 of 2021 is arrayed as accused No.23 and was apprehended on 12.02.2021, petitioner in Criminal Petition No.4636 of 2021 is arrayed as accused No.19 and was apprehended on 07.02.2021, the petitioner in Criminal Petition No.4737

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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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Learned counsel for the petitioners in unison submitted that initially Crime No.12 of 2021 was registered against accused Nos.1 to 17 on the basis of the first information lodged by the informant who is the Chairperson of Child Welfare Committee. It is alleged in the first information that the victim is aged 15 years and accused No.16 is her aunt who made use of the minor girl for prostitution to earn income out of it. During investigation, the statement of the victim girl was recorded and her further statements were also recorded. The victim has not chosen to file any complaint against any of the accused, even though, it is stated that the incident in question had taken place from 01.09.2020 till 27.01.2021,

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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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Learned counsel for the petitioners further submitted that accused No.15 against whom similar allegations are made is already enlarged on bail by this Court in Criminal Petition No.3698 of 2021 vide order dated 16.06.2021. Therefore, these petitioners are also entitled for the benefit of parity. The only allegations

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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.

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He further submitted that there is inordinate

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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.

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Per contra, learned Special Public Prosecutor-I

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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

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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.

¶167

Learned Special Public Prosecutor-I further submitted that the victim was subjected to medical examination on 31.01.2021 initially at the Government

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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.

¶170

Learned Special Public Prosecutor-I further submitted that when the incident came to light, the victim was shifted to Swadar Centre, wherein, she was counseled and was treated by the Medical Officer. Gradually, the victim recovered from the trauma and started explaining the commission of offences by these accused. Therefore, 33 different charge sheets were filed against the 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.

¶173

He further submitted that accused Nos.1 to 52 were charge sheeted. Out of whom, 44 accused were apprehended and 8 accused are still absconding. He further submitted that the names of all the accused were mentioned by the victim either in her statements or in her further statements or in her statements recorded under section 164 of Cr.P.C. On the basis of the statements of the victim, call detail records were collected by the Investigating Officer, which corroborates the statements of the victim regarding the commission of offence by the accused. The Test Identification Parade of all these accused was conducted, wherein, the victim has identified

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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.

¶176

In view of the rival contentions urged by the learned counsel for both the parties, the point that would arises for my consideration is:

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“Whether the petitioners are entitled for grant of bail under Section 439 of Cr.P.C.?”

¶178

My answer to the above point is in ‘Negative’ for the following:

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R E A S O N S

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It is the specific contention of the prosecution

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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

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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

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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.

¶187

It is also stated that the other accused who were specifically named in the charge sheet either have taken the obscene photos/videos or used to insist the victim to share her nude photos and they used to use the same to share it with others or to blackmail the victim and committed sexual assault as and when they feel. Statement and further statements of the victim were

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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.

¶190

The victim has named accused No.28 in her statement recorded on 01.02.2021 and further statement dated 06.02.2021. She also named him in her statements recorded under Section 164 of Cr.P.C. both on 24.03.2021 and on 05.04.2021. The charge sheet No.8(O) of 2021 is filed against him for the above said offences.

¶191

The victim has named accused No.29 in her statement recorded under Section 161 of Cr.P.C. on 01.02.2021 and further statement dated 06.02.2021, she also named him in her statement recorded under Section

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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.

¶194

The victim has named accused No.30 in her statement recorded under Section 161 of Cr.P.C. on 01.02.2021 and 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. The charge sheet No.8(V) of 2021 is filed against him for the above said offences.

¶195

The victim has named accused No.33 in her further statement recorded under Section 161 of Cr.P.C. on 06.02.2021 and she also named him in her statement recorded under Section 164 of Cr.P.C. on 24.03.2021. The charge sheet No.8(AG) of 2021 is filed against him for the above said offences.

¶196

The victim has named accused No.20 in her further statement recorded dated 06.02.2021. She also named him in her statement recorded under Section 164

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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.

¶199

The victim has named accused No.25 in her 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. The charge sheet No.8(M) of 2021 is filed against him for the above said offences.

¶200

The victim has named accused No.23 in her further statement dated 06.02.2021, she also named him in her statement recorded under Section 164 of Cr.P.C. both on 24.03.2021 and 05.04.2021. The charge sheet No.8(L) of 2021 is filed against him for the above said offences.

¶201

The victim has named accused No.19 in her statement recorded under Section 161 of Cr.P.C. on 01.02.2021 and further statement dated 06.02.2021. She also named him in her statements recorded under Section 164 of Cr.P.C. both on 24.03.2021 and 05.04.2021. The

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charge sheet No.8(J) of 2021 is filed against him for the above said offences.

¶204

The victim has named accused No.1 in her statement recorded under Section 161 of Cr.P.C. on 01.02.2021 and further statement dated 06.02.2021. She also named him in her statements recorded under Section 164 of Cr.P.C. on 01.02.2021, 24.03.2021 and on 05.04.2021. As many as 17 charge sheets for different offences were filed against this accused i.e., charge sheet Nos.8, 8(1), 8(A), 8(b),8(G), 8(L), 8(M), 8(N), 8(O), 8(R), 8(S), 8(T), 8(U), 8(V), 8(W), 8(Z) and 8(AB).

¶205

The victim has named accused No.13 in her further statement dated 06.02.2021. She also named him in her statement recorded under Section 164 of Cr.P.C. on 01.02.2021, 24.03.2021 and on 05.04.2021. The charge sheet No.8(O) of 2021 is filed against him for the above said offences.

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The victim has named accused No.21 in her

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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.

¶209

The victim has named accused No.31 in her statement recorded under Section 161 of Cr.P.C. on 01.02.2021 and further statement dated 06.02.2021. She also named him in her statement recorded under Section 164 of Cr.P.C. both on 24.03.2021 and 05.04.2021. The charge sheet Nos.8, 8(M), 8(Q) of 2021 are filed against him for the above said offences.

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Thus, it is stated that the statements of victim under Section 161 of Cr.P.C. were recorded on 01.02.2021 and on 06.02.2021. Her statements under Section 164 of Cr.P.C. were recorded on 01.02.2021, 24.03.2021 and on 05.04.2021. The victim named as many as 52 accused for having committed the offences. 33 different charge sheets were filed against them. It is stated that 44 accused were

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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.

¶213

With these factual background, the contentions of the learned counsel representing the petitioners were considered. The factual matrix mentioned above discloses that the victim categorically named the petitioners before this Court as the persons who have committed the offence as alleged against them. Even though multiple statements of the victim under Sections 161 and 164 of Cr.P.C. were recorded, the same cannot be found fault with looking to the tender age of the victim, nature and seriousness of the offences committed against her for a period starting from 01.09.2020 to 27.01.2021. If at all the victim has stated the names of these petitioners in her first statement and if she referred to the date, time and place of commission of

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the offence by each petitioners, that would have been an artificial statement, which could not have been believed.

¶216

When it is the specific contention of the prosecution that the child aged 15 years was subjected to such inhumane acts by various accused over a period of time, naturally, the victim will forget the date and time of the offence committed against her. But definitely she will never forget the ghostly acts committed by the petitioners and therefore, it cannot be said that there is any unnaturality in the statements of the victim. Moreover, the victim is now in the custody of children home/Swadhar Gruha. No motive could be attributable to her to give false statements against any of the petitioners. Under such circumstances, the contention of the learned counsel representing the petitioners that they are falsely implicated in the matter cannot be accepted.

¶217

After the cruel act committed by the petitioners, the victim was suffering from psychological trauma and only after regular and professional counseling,

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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.

¶220

Even though the learned counsel for the petitioners sought for benefit of parity with that of accused

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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.

¶223

In view of the discussions held above, I am of the opinion that the petitioners in these petitions are not entitled to be enlarged on bail. Hence, I answer the above point in ‘Negative’.

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The petitions are dismissed.

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Sd/JUDGE

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*bgn/-

Mr Abhishek @ Small Abhi v. the State of Karnataka

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Mr Abhishek @ Small Abhi v. the State of Karnataka

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