Allowed

Chipili Krishna B M v. State of Karnataka

Karnataka HC12 Jul 2023CRL.P/203/2023

Case brief

AI extract

What is this about?

This judgment deals with a bail petition filed by an accused charged with offences under IPC and POCSO Act. The High Court allowed the bail, noting that the material witness (victim) had turned hostile and denied the prosecution case during the trial.

What did the court decide?

Petitioner enlarged on bail in Crime No.122/2022 subject to a bond of Rs.2 lakhs and one surety, on standard conditions of appearance and non-interference with witnesses.

Chipili Krishna B M Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC:24052 CRL.P No. 203 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C M JOSHI CRIMINAL PETITION NO. 203 OF 2023

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BETWEEN:

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CHIPILI KRISHNA B. M, S/O MANJUNATHA B. M, AGED ABOUT 24 YEARS, R/AT: HIREKATTIGENAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA - 562 101.

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…PETITIONER

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(BY SRI. VEERANNA G. TIGADI, ADVOCATE)

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AND:

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Digitally signed by T S NAGARATHNA Location: High Court of Karnataka

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STATE OF KARNATAKA, STATE BY CHINTAMANI TOWN P.S., REPRESENTED BY HIGH COURT GOVT. PLEADER, HIGH COURT OF KARNATAKA,

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BANGALORE - 560 001.

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MUNISWAMY, S/O MUNIYAPPA, AGED ABOUT 45 YEARS, R/AT: JEEDARAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA - 562 101.

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…RESPONDENTS

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(BY SRI. H S SHANKAR, HCGP FOR R1; R2 - SERVED, UNREPRESENTED)

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2 - NC: 2023:KHC:24052 CRL.P No. 203 of 2023

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THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.122/2022 OF CHINTAMNI TOWN P.S., CHICKBALLAPURA FOR THE OFFENCE P/U/S.366, 354(D), 376(2)(n) OF IPC AND SEC.6 AND 8 OF POCSO ACT PENDING ON THE FILE OF ADDITIONAL SESSIONS JUDGE FAST TRACK SPECIAL COURT I (POCSO) AT CHIKKABALLAPURA IN SPL.S.C.NO.105/2022.

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

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ORDER

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Heard learned counsel for the petitioner and the learned High Court Government Pleader.

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This petition is filed by the accused under Section 439 of the Code of Criminal Procedure (Cr.P.C.) seeking regular bail in Crime No.122/2022 registered by Chintamani Police Station for the offences punishable under Section 366, 354(D), 376(2)(n) of the Indian Penal Code (IPC) and under Sections 6 and 8 of the Protection of Children from Sexual Offences, 2012 (POCSO Act).

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The brief facts of the prosecution are that; on 10.06.2022 at 14.40 hours, the victim was going to Vikram College at Chintamani Town. The accused used to tease her and was insisting on loving her, and after a lapse of some days,

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3 - NC: 2023:KHC:24052 CRL.P No. 203 of 2023

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he started to follow the victim and was also stalking. It was alleged that on 09.06.2022, the accused barged into the College and started to tease the victim and the same was brought to the notice of the Lecturer of the College. The Lecturer told the accused to go away, but such a request was not heeded by the accused. It is further alleged that the victim called her brother and he was also abused in filthy words by the accused. Ultimately, the complaint was lodged, and the concerned Police registered the case under the abovementioned crime number.

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After the case was registered by the police, an investigation was launched by the Police. During the investigation, the statement of the victim under Section 164 of the Cr.P.C. was recorded, wherein she disclosed few more details regarding the incident. In the said incident, she alleged that on 25.01.2022 at about 9.00 a.m., the accused came on a motorcycle and asked her to accompany him, but she refused to do so and even then, the accused forced her to accompany him, and she was taken to Kuruburu Forest Range, where he tried to commit rape on her and there was a forcible sexual intercourse. Later, she returned home and informed her

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4 - NC: 2023:KHC:24052 CRL.P No. 203 of 2023

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parents. Ultimately, police completed the investigation and filed a charge sheet against the accused. The accused was arrested on 22.07.2022 and he is in judicial custody till now.

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It is submitted that the trial has commenced and

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the recording of the evidence of the victim is over. It is submitted that in the testimony before the trial Court the victim has turned hostile and has denied that there was any such incident of rape or stalking. A copy of the deposition of the victim is also produced before this Court.

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It is submitted that earlier accused No.1 filed a petition in Crl.Mis.No.11105/2022 and the same came to be dismissed as withdrawn and now there is a changed circumstance. Under such circumstances, bail may be granted to the petitioner.

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Learned High Court Government Pleader also submits that the trial has commenced and material witnesses have not supported the prosecution. Hence, prayed to dismiss the petition.

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5 - NC: 2023:KHC:24052 CRL.P No. 203 of 2023

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On a careful perusal of the available material on record, it is evident that the victim has not supported the case of the prosecution. The material witness in the case is none other than the victim. Evidently, the other witnesses who are cited in the charge sheet are only circumstantial witnesses. The changed circumstances show that the material witness has not supported the prosecution case and therefore, the petition deserves to be allowed.

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Considering the facts and circumstances, I proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in Crime No.122/2022 of Chintamani Town Police Station, subject to condition that he shall execute a bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with one surety for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

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a) The petitioner/accused shall appear before the Trial Court as and when required.

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NC: 2023:KHC:24052 CRL.P No. 203 of 2023

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b) The petitioner shall not threaten or tamper with the prosecution witnesses.

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Sd/JUDGE

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GJM List No.: 1 Sl No.: 42 CT: BHK

Chipili Krishna B M v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Chipili Krishna B M v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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