Allowed

Raju a K a Rajashekar v. State by

Karnataka HC25 Oct 2023CRL.P/3219/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition for regular bail filed under Section 439 Cr.P.C.. The court noted the victim turned hostile and the petitioner had been in custody for over a year, finding bail merited despite serious charges.

What did the court decide?

The petitioner is directed to be released on bail in respect of Crime No.168/2021, subject to a personal bond of Rs. 1,00,000/ with one surety, regular appearance, non-tampering with witnesses, and no

Raju a K a Rajashekar Vs State by — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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1 - NC: 2023:KHC:37810 CRL.P No. 3219 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 3219 OF 2023

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BETWEEN:

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RAJU A. K. A. RAJASHEKAR S/O LATE NAGAPPA, AGED ABOUT 24 YEARS, RESIDING AT SRIRANGARAJAPALLI VILLAGE, PARAGIMANDALAM, TALUKA ANANTHAPUR - 515 001.

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…PETITIONER

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(BY SRI HARISH PRABHU S., ADVOCATE)

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AND:

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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STATE BY GOWRIBIDANURU RURAL P. S., REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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XXX AGED MINOR, SRI SATYANARAYANAPPA (REPRESENTED BY GUARDIAN) S/O NARASAPPA AGED ABOUT 45 YEARS, R/AT KRISHNARAJAPURA VILLAGE, NAGARAGERE HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA - 562 105.

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…RESPONDENTS

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(BY SRI JAIRAM SIDDI, HCGP FOR R1, R2 SERVED AND UNREPRESENTED)

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NC: 2023:KHC:37810 CRL.P No. 3219 of 2023

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THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.168/2021 REGISTERED BY GOWRIBIDANUR RURAL POLICE STATION, CHIKKABALLAPURA FOR THE OFFENCE P/U/S 366 AND 376(2)(n) OF IPC, SECTION 9 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT AND SECTION 6 OF POCSO ACT, PENDING BEFORE THE ADDITIONAL SESSIONS JUDGE, FTSC-1, CHIKKABALLAPURA IN SPL.C.NO.48/2022 AND ETC.,

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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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Accused in Spl.C.No.48/2022 pending before the Court of Additional Sessions Judge and FTSC-I (POCSO) Chikkaballapura, arising out of Crime No.168/2021, registered by Gowribidanur Rural Police Station, Chikkaballapura for the offence punishable under Sections 366, 376 (2)(n) of Indian Penal Code (for short hereinafter referred to as 'IPC') and Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 (for short hereinafter referred to as 'the Act of 2006') and Section 6 of Protection of Children from Sexual Offence Act, 2012 (for short hereafter referred to as the 'POCSO Act') is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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3 - NC: 2023:KHC:37810 CRL.P No. 3219 of 2023

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Heard the learned counsel for the petitioner and

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learned High Court Government Pleader for respondent No.1 - State.

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Facts leading to the filing of this petition narrated briefly are:

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On the complaint of the victim girl dated 20.07.2021, FIR in Crime No.168/2021 was registered by Gowribidanur Rural Police, Chikkaballapur against the petitioner herein for the offence punishable under Sections 366, 376 (2)(n) of IPC, Sections 9 and 11 of the Act of 2006 and Section 6 of POCSO Act. During the course of investigation in the said case, the petitioner was arrested on 01.01.2022. The victim girl was subjected to medical examination. After completion of investigation charge sheet has been filed against the petitioner for the aforesaid offences.

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The bail application filed by the petitioner under Section 439 of Criminal Procedure before the Additional Sessions Judge Fast Track Special Court-I, Chikkaballapur in Criminal Misc. No.710/2022 was rejected on 03.11.2022. It is

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NC: 2023:KHC:37810 CRL.P No. 3219 of 2023

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under these circumstances, the petitioner is before this Court seeking regular bail.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the victim girl was examined before the Trial Court as P.W.-1 and she has turned hostile to the case of the prosecution. He submits that the petitioner is in custody for more than a year and accordingly prays to allow the petition.

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Per contra, learned High Court Government Pleader has seriously opposed the bail petition and prays for dismissal of the petition.

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I have carefully considered the rival arguments of the learned counsel for both sides and also perused the material on record.

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The material on record would go to show that the petitioner and the victim girl were in love and they also had got married. When the victim girl had gone to the hospital, Doctors in the hospital having found that she was pregnant had informed the same to the Police and accordingly based on the

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5 - NC: 2023:KHC:37810 CRL.P No. 3219 of 2023

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statement of the victim girl, criminal case was registered against the petitioner. Investigation in the case is complete and charge sheet has been filed and the petitioner is in custody from 01.01.2022. The victim girl has been examined before the Trial Court in Spl. C.No.48/2022 as P.W.-1 and copy of the deposition has been produced along with the petition before this Court. Perusal of the same would go to show that the victim girl has not supported the case of the prosecution and she has also stated that her date of birth is 14.04.2002. Considering the fact that the material witness has already been examined before the Trial Court and the petitioner who is a youngster aged about 23 years is in custody since 01.01.2022, I am of the view that the petitioner has made out a case for grant of regular bail.

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Accordingly, I pass the following:

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ORDER

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The Criminal Petition is allowed.

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The petitioner is directed to be released on bail in respect of Crime No.168/2021 registered by the Gowribidanur Rural Police Station, Chickballapura District, for the offences

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NC: 2023:KHC:37810 CRL.P No. 3219 of 2023

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punishable under Sections 366, 376 (2)(n) of IPC, Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 and Section 6 of POCSO Act, subject to the following conditions:-

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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GVP

Raju a K a Rajashekar v. State by

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Raju a K a Rajashekar v. State by

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