Allowed

Vishwanath S/O Eranna Alias Veeranna Kabber v. the State of Karnataka

Karnataka HC9 May 2023CRL.P/100248/2023

Case brief

AI extract

What is this about?

Criminal Petition filed under Section 439 Cr.P.C. for bail in a POCSO case alleging kidnapping and rape. Court allowed bail noting no medical evidence of sexual intercourse and prosecution witness statement silence on that issue.

What did the court decide?

Bail allowed subject to self-bond of Rs.1,00,000/- with two sureties, non-tampering with witnesses, no unauthorized leave from jurisdiction, and no similar offences.

Vishwanath S/O Eranna Alias Veeranna Kabber… — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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1 - CRL.P No. 100248 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 100248 OF 2023 (439)

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BETWEEN:

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VISHWANATH S/O. ERANNA @ VEERANNA KABBER AGE: 22 YEARS, OCC: AUTO DRIVER, R/AT:S.M.KRISHNA NAGAR, TQ & DIST:GADAG-582101.

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…PETITIONER

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(BY SRI. G. H. MOT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA

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GADAG WOMEN POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD

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VEERABHADRAPPA S/O. DEVENDRAPPA MURASHILLIN AGE: 40 YRS, OCC: BUSINESS, R/AT: KESHAW NAGAR, TQ & DIST: GADAG-582 101

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SAMREEN AYUB DESHNUR High Court of Karnataka, Dharwad

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN GADAG WOMEN POLICE STATION CRIME NO. 17/2022 WHICH IS SUBSEQUENTLY REGISTERED IN S.C.NO. 80/2022 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT GADAG, FOR THE OFFENCE P/U/ SEC. 363, 354(a)(d), 376(3), 506 OF IPC AND U/SEC. 04 AND 12 OF POSCO ACT.

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

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2 - CRL.P No. 100248 of 2023

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ORDER

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Heard on bail application.

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On the basis of the complaint filed by

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Veerabhadrappa Marashilli, Gadag Women Police Station have registered the case in Crime No.17/2022 against the accused aged about 21 years for the commission of offence punishable under Section 363, 354(A), 354(D), 376(2)(1) and 506 of IPC and Sections 6 and 12 of POCSO Act, 2012. After the investigation investigating officer has already submitted the charge sheet against the accused for the commission of offence punishable under Sections 363, 354(A)(D), 376(3), 506 of IPC and Sections 4 and 12 of POCSO Act, 2012. It is alleged by the prosecution that, in between 01.06.2021 and 16.10.2022 accused behaved indecently with the victim girl by going near her school, on 16.10.2022 night at 8:00 p.m accused kidnapped the victim girl on his Honda Activa motorcycle bearing registration No.KA-26-E-9473 situated at Keshav Nagar, Gadag took her to the house of his relatives at Shiradi Nagar, Hubli, on 17.10.2022 mid-night at 1.00 p.m the accused has committed a sexual intercourse on the victim girl and on

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3 - CRL.P No. 100248 of 2023

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the same day at 9.00 p.m accused took the victim girl to her house and threatened that as soon as she would attain 18 years, he is going to kidnap her, in the event he would unable to get her and he is going to through acid on her. On the basis of complaint filed by one Veerabhadrappa/ respondent No.2 the concerned police have filed the charge sheet against the accused for commission of his offences.

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The learned counsel for the petitioner has submitted his argument that the investigation is already completed the accused is in judicial custody more than 6 months and the charge sheet is already submitted against accused and the accused is not required for further investigation, that there is no medical evidence against the petitioner. The statement recorded under Section 164 of Cr.P.C reveals that, the victim girl has not whispered anything about the sexual intercourse by this petitioner. The petitioner is ready to abide by the conditions that may be imposed by this Court and on all these grounds and sought for allowing the application.

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4 - CRL.P No. 100248 of 2023

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On perusal of the statement under Section 164 of Cr.P.C recorded by the Second Additional Civil Judge and JMFC, Gadag, reveals that the victim girl has not whispered anything as to the sexual intercourse by the petitioner as argued by the prosecution. The GIMS Hospital, Gadag, has given final opinion that taking into account the history, medical examination findings and the laboratory reports of the victim bearing identification-- around 26 days after the incident of sexual violence he has opined that, there has not been an act of the sexual intercourse. Considering the nature and gravity of the offence and allegations made against this present petitioner and also the statement of the victim recorded by the Magistrate under Section 164 of Cr.P.C, the age and the occupation of the petitioner, it is just and proper to release the accused on bail by imposing certain conditions. Accordingly, I pass the following:

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ORDER

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The bail application filed under Section 439 of Cr.P.C. is allowed. The petitioner herein shall be released on bail in connection with Crime No.17/2022, registered by the Gadag

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5 - CRL.P No. 100248 of 2023

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Women Police Station, if not required in any other case, subject

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to condition that,

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(a) the petitioner shall execute a self-bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Court concerned;

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(b) the petitioner shall not, directly or indirectly, tamper or threaten the prosecution witnesses;

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(d) the petitioner shall not commit any similar offence.

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(Sd/-) JUDGE

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List No.: 1 Sl No.: 23

Vishwanath S/O Eranna Alias Veeranna Kabber v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Vishwanath S/O Eranna Alias Veeranna Kabber v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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