Partly allowed

Shri. Basavaraj S/O Siddappa Chinchewadi v. the State of Karnataka

Karnataka HC21 Nov 2023CRL.P/102942/2023

Case brief

AI extract

What is this about?

Criminal Petition for bail sought by two accused in a POCSO and rape case. Court allowed bail for accused No. 1 due to delay in prior complaint but denied bail to accused No. 2 as prima facie case is made out due to DNA evidence.

What did the court decide?

Bail granted to Petitioner 1 (Acused 1) via personal bond of Rs. 1,00,000/- with conditions; Petition dismissed for Petitioner 2.

Shri. Basavaraj S/O Siddappa Chinchewadi Vs… — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 102942 OF 2023

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BETWEEN:

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SHRI. BASAVARAJ S/O SIDDAPPA CHINCHEWADI, AGE. 41 YEARS, OCC. PRIVATE SERVICE, R/O. NOGANIHAL, TQ. HUKKERI, DIST. BELAGAVI-591102.

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BASAVARAJ S/O TIPPANNA GASTI, AGE. 22 YEARS, OCC. AGRICULTURE, R/O. GUDAGINATTI, TQ. HUKKERI, DIST. BELAGAVI-591254.

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… PETITIONERS

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(BY SRI. S.M. MUCHHANDI, ADVOCATE)

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AND:

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VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.11.23 16:49:08 +0530

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THE STATE OF KARNATAKA, THE POLICE INSPECTOR HUKKERI, TQ. HUKKERI, DIST. BELAGAVI-591309, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT. DHARWAD BENCH, PIN-580011.

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SHRI. SOMALING S/O BASSAPPA RAMASHETTY, (FATHER OF VICTIM), AGE. 38 YEARS, OCC. WORKING AT FACTORY, R/O. HAVAL NAGAR, 1^ST CROSS, MACCHE, TQ & DIST. BELAGAVI-590014.

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… RESPONDENTS

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(BY SRI. P.N. HATTI, HCGP FOR R1; R2 PRESENT IN COURT)

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THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C. SEEKING TO ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE CONDITIONS IN HUKKERI P.S. CR. NO.173/2022 ON

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2 - NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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23.09.2022 U/SEC. 376(2)(i)(n), 376(3) OF IPC AND SEC. 4, 5(L) AND 6 POCSO ACT, PENDING ON THE FILE OF ADDL. DIST AND SESSIONS JUDGE FTSC-1 BELAGAVI IN SPL. CASE NO.296/2022 IN SO FAR PETITIONER/ACCUSED NO.1 AND 2 ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed under Section 439 of Cr.P.C by accused Nos.1 and 2 seeking bail in Hukkeri Police Station Crime No.173/2022 for offence punishable under Sections 376(2)(i)(n), 376 of Indian Penal Code (hereinafter referred to as ‘IPC’, for brevity) and Sections 4, 5(L) and 6 of the Protection of Child from Sexual offence Act (hereinafter referred to as ‘POCSO’, for brevity) pending on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi in Spl.C.No.296/2022.

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The case of the prosecution is that respondent No.2 has filed a complainant stating that his daughter aged 15 years and she was studying in 9^th standard. On 24.08.2022 the victim girl was taken to doctor regarding illness. After blood and urine test, the doctor has opined that she is pregnant. On enquiry of the complainant and

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3 - NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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CWC, she revealed that accused No.1 had sexual intercourse with her. She further revealed that when she was going to school accused No.2 stating that he is loving her and committed sexual intercourse during Novenmber2021. Thereafter, victim girl was shifted to CWC Devaraj Urs Colony. The said complaint came to be registered in Crime No.173/2022 for the offence punishable under Sections 376(2)(i)(n), 376(3) of IPC and 4, 6 of the POCSO Act. During investigation, the petitioners/accused No.1 and 2 were arrested on 10.11.2022 they are in judicial custody. The police after investigation filed a charge sheet for offence punishable under Sections under Sections 376(2)(i)(n), 376 of IPC and 4, 5(L) and 6 of the POCSO Act. Now the case is pending in Spl.C.No.296/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi. Petitioner No.1/accused No.1 has filed Crl.Misc.No.602/2023 and petitioner No.2/accused No.2 has filed a Crl.Misc.No.775/2023 and both came to be rejected by order dated 23.06.2023 and

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NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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14.07.2023 respectively. Hence, petitioners are before this Court seeking bail.

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Heard arguments of learned counsel appearing for petitioners and learned High Court Government Pleader for respondent No.1-State. Respondent No.2 is physically present before this Court and he has no objections to grant of bail to petitioners/accused No.1 and 2.

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Learned counsel for petitioner would contend

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that as per statement of the victim girl recorded under Section 164 of Cr.P.C, regarding sexual intercourse by petitioner No.1/accused No.1 on her was four years ago when victim girl was studying in 5^th standard. No complaint has been lodged by the victim girl or her family members in that regard. He further contended that petitioner No.2/accused No.2 is boyfriend of the victim girl. Even though DNA test report reveals that petitioner No.2/accused No.2 is biological father of the child born to the victim girl, which has to be established at Trial Court. As the charge sheet is filed petitioners are not required for

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NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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custodial interrogation. Petitioner No.2/accused No.2 is aged about 22 years. With this, he prays to allow the petition.

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Learned High Court Government Pleader would contend that the statement of the victim girl recorded under Section 164 of Cr.P.C will clearly reveals that act of sexual intercourse of petitioner Nos.1 and 2 on victim girl. DNA test report reveals that petitioner No.2 is biological father of the child born to the victim girl. Charge sheet materials shows prima facie case against petitioners for offences alleged against them. With this, he prayed to reject the petition.

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Having heard of learned counsel for petitioners and learned High Court Government Pleader, this Court has gone through charge sheet records and orders passed by the Trial Court.

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The victim girl was studying in 9^th standard on the date of alleged incident. She was aged about 15 years. The statement has been recorded under Section

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NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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164 of Cr.P.C. In the statement, the victim girl has stated that when she was studying in 5^th standard, when she had gone to the house of petitioner No.1/accused No.1 where the petitioner/accused No.1 had forcible sexual intercourse on her. The said incident is alleged against the petitioner No.1 is 4 years prior to the complaint. The victim girl or her family members have not filed any complaint against petitioner No.1/accused No.1. There is delay of filling a complaint against petitioner No.1/accused No.1. There are no allegations on petitioner No.1/accused No.1 for committing the offence of forcible sexual intercourse subsequent to the first alleged incident. Therefore, petitioner No.1/accused No.1 is entitled for grant of bail with conditions.

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The victim girl, in the statement recorded under Section 164 of Cr.P.C specifically stated that petitioner No.2/accused No.2 on 27.11.2021 took her to his house and committed forcible sexual intercourse. She further stated that on 26.04.2022 again petitioner No.2/accused

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7 - NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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No.2 has committed forcible sexual intercourse on her.

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The victim girl gave birth to the male child on 29.11.2022. The DNA test report reveals that petitioner No.2/accused No.2 is biological father of the child born to the victim girl. Considering all these, there is a prima facie case against petitioner No.2/accused No.2 for the offences alleged against him. Therefore, petitioner No.2/accused No.2 is not entitled for grant of bail. In the result, the following

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ORDER

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The petition is dismissed so far as petitioner No.2/accused No.2 is concerned.

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The petition is allowed so far as petitioner No.1/accused No.1 is concerned.

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The petitioner No.1/accused No.1 is granted bail in Hukkeri Police Station in Crime No.173/202 pending in Spl.C.No.296/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi subject to the following conditions

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i. The petitioner No.1/accused No.1 shall execute a personal bond for a sum of

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NC: 2023:KHC-D:13562 CRL.P No. 102942 of 2023

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Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court.

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ii. The petitioner No.1/accused No.1 shall not indulge in tampering the prosecution witnesses.

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iii. The petitioner No.1/accused No.1 shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.

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Sd/JUDGE

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DSP CT:BCK List No.: 1 Sl No.: 9

Shri. Basavaraj S/O Siddappa Chinchewadi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri. Basavaraj S/O Siddappa Chinchewadi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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