The High Court allowed the bail petition filed by an accused charged with kidnapping and sexual assault of a minor. The court held that detention amounted to pre-trial punishment and enlarged the petitioner on bail with a bond and sureties.
Petitioner enlarged on bail in Rs. 2,00,000 bond with two sureties subject to conditions.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 1541 OF 2023
BETWEEN:
SRI. PARASHURAMA GOWDAR, S/O. HANUMANTHA GOWDAR, AGED ABOUT 24 YEARS, RESIDING AT RAMATHAHALA VILLAGE, HUNAGUDA TALUK, BAGALAKTOE DISTRICT - 587 120.
…PETITIONER
(BY SRI. RAGHAVENDRA P.H, ADVOCATE)
AND:
Digitally signed by PAVITHRA N Location: High Court Of Karnataka
…RESPONDENTS
(BY SRI.KRISHNA KUMAR K.K., HCGP)
CRL.P No. 1541 of 2023
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.64/2022 OF GOWRIBIDANUR TOWN P.S., CHICKBALLAPURA FOR THE OFFENCE P/U/S.366, 376(2)(n) OF IPC AND SEC.9 OF CHILD MARRIAGE RESTRAINT ACT AND SEC.6 OF POCSO ACT PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-1 COURT, CHIKKABALLAPURA IN SPL.C.NO.140/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.64/2022 of Gowribidanur Town Police Station, pending in Spl.C.No.140/2022 on the file of the learned Additional District and Sessions Judge, FTSC-I Court, Chikkaballapur, registered for the offences punishable under Section 9 of the Child Marriage Restraint Act, Section 6 of POCSO Act and Sections 366, 376(2)(n) of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informantMr.Srishyla.
CRL.P No. 1541 of 2023
the petitioner is the sole accused. He is aged about 24 years. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 02.09.2022 and since then he is in judicial custody. The investigation has been completed and the charge sheet is also filed. Learned counsel for the petitioner further submits that the victim is already a major, aged more than 18 years. She has not undergone medical examination. Even her statement was recorded under Section 164 of Cr.P.C. In view of the same, the petitioner is entitled to be enlarged on bail. Detention of the petitioner in custody would amount to pre-trial punishment. He is not having any criminal antecedents. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court
CRL.P No. 1541 of 2023
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
CRL.P No. 1541 of 2023
about 17 years. Her statement under Section 164 of Cr.P.C was recorded by the learned Magistrate, wherein, the victim has given reasons for accompanying the petitioner. She has also stated that she has married the petitioner and had physical relationship. Admittedly, the victim has refused to undergo medical examination. It is stated that the victim is residing with her parents. The petitioner is aged about 24 years and is not having any criminal antecedents. Therefore, detention of the petitioner in custody would amount to infringement to his right to life and liberty. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.64/2022 of Gowribidanur Town Police Station, on obtaining a bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a
CRL.P No. 1541 of 2023
report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
SMC List No.: 1 Sl No.: 114 CT: AVB
2 issues framed by the court
Whether the petitioner is entitled to be granted bail under Section 439 of Cr.P.C. in a case involving kidnapping and sexual assault of a minor?
Whether the detention of the petitioner constitutes pre-trial punishment given his lack of antecedents and the victim's refusal of medical examination?
5 provisions across 4 enactments
SRI. PARASHURAMA GOWDAR
STATE OF KARNATAKA
MR. SRISHYLA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
