Allowed

Sri. Shivakumar R v. the State by Koratagere Poice Station

Karnataka HC12 Oct 2023CRL.P/5159/2023

Case brief

AI extract

What is this about?

In a bail petition under Section 439 Cr.P.C., the High Court allowed the petitioner after examining medical evidence showing no external injuries on the minor victim. The court found the victim voluntarily accompanied the petitioner and directed the grant of bail on surety.

What did the court decide?

The petition was allowed and the petitioner was directed to be enlarged on bail on Rs. 1 lakh bond with two sureties and standard conditions.

Sri. Shivakumar R Vs the State by… — Child Custody and Guardianship | Karnataka HC (2023)

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1 - NC: 2023:KHC:37177 CRL.P No. 5159 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^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. 5159 OF 2023

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BETWEEN:

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SRI. SHIVAKUMAR R, S/O LATE RAJU, AGED ABOUT 28 YEARS, R/AT GIRIYANAPALYA, KUNTABOMMANAHALLI, DAKHALE, SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 123.

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…PETITIONER

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(BY SRI. GIREESHA J. T, ADVOCATE)

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AND:

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Digitally signed by B A KRISHNA KUMAR Location: HIGH COURT OF KARNATAKA

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THE STATE BY KORATAGERE POICE STATION KORATAGERE, TUMKUR DISTRICT, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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SMT. SAVITHA, W/O MALLESH, AGED ABOUT 35 YEARS, R/AT NO. 315, 1ST MAIN, 1ST CROSS, OPP TO: LIDO MENS BEAUTY PARLOR, BENAKA LAYOUT, THOTADAGUDDADAHALLI, BENGALURU - 560 073

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…RESPONDENTS

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(BY SMT. N. ANITHA GIRISH, HCGP FOR R1; VIDE ORDER DATED 10.10.2023 NOTICE TO R2 HELD SUFFICIENT)

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NC: 2023:KHC:37177 CRL.P No. 5159 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.42/2023 OF KORATAGERE P.S., TUMAKURU FOR THE OFFENCE P/U/S.363, 344, 376(2)(n) OF IPC R/W SEC.6 OF POCSO ACT PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-I) AT TUMAKURU IN SPECIAL CASE NO.303/2023.

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

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O R D E R

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Accused in Special Case No.303/2023 pending before the Court of Additional District and Sessions Judge (FTSC-1) at Tumkur arising out of Crime No.42/2023 registered by Koratagere Police Station, Tumkur District for the offences punishable under Sections 363, 344, 379(2)(n) of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) and under Section 6 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short) is before this Court seeking regular bail.

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Heard the learned counsel for the parties.

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Complainant, who is the mother of the victim girl

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had approached the police and submitted a typed complaint on

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NC: 2023:KHC:37177 CRL.P No. 5159 of 2023

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19.02.2023. In the complaint it is averred that complainant's minor daughter, aged about 17 years, was studying third year diploma at Acharya College. On 15.02.2023, complainant's mother informed her that the minor girl had gone along with a stranger in his motor bike at about 11.00 a.m. and she had not returned, her mobile phone was also switched off. Complainant suspected the hand of the petitioner in the case since petitioner and the minor girl were in love. After the efforts made by the complainant to trace the victim girl had failed, she had approached the police on 19.02.2023 and lodged a complaint, based on which, FIR in Crime No.42/2023 was registered against the petitioner herein initially for the offence punishable under Section 363A of IPC.

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During the course of investigation in the case, the petitioner and victim was traced on 28.02.2023 and they were brought back. The petitioner was subsequently produced before the jurisdictional Court and remanded to judicial custody. The victim girl was subjected to medical examination and her statement under Section 164 of Cr.P.C. was also recorded. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the

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NC: 2023:KHC:37177 CRL.P No. 5159 of 2023

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Court of Additional District and Sessions Judge (FTSC-1), Tumakuru in Crl. Misc. No.396/2023 was rejected on 17.04.2023. Under these circumstances, the petitioner is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner and the victim girl were in love and the victim girl had voluntarily accompanied the petitioner. Accordingly, prays to allow the petition.

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Learned HCGP has opposed the bail application.

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FIR was registered on the basis of the complaint

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lodged by the mother of the victim girl on 19.02.2023. In the complaint it is averred that the victim girl had gone with a stranger in his motor bike on 15.02.2023 and thereafter, had not returned. The complainant suspected the hand of the petitioner in the case since petitioner and the victim girl were in love. It is under these circumstances, FIR was registered as against the petitioner initially for the offence punishable under Section 363A of IPC. During the course of investigation, the petitioner and the victim girl were traced together and brought back. In the medical report of the victim girl, the Doctor has

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5 - NC: 2023:KHC:37177 CRL.P No. 5159 of 2023

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stated that she had not suffered any external injuries on her body. Victim girl's statement under Section 164 of Cr.P.C. was recorded by the learned Magistrate on 03.03.2023 and the victim girl has stated that she was in love with the petitioner and after her parents came to know about the same, they had left her in her grand-mother's house in her village. Petitioner after coming to know about the same had come near the house of the victim girl's grand-mother in a motor bike and the victim girl had accompanied him in the said motor bike on 15.02.2023. Petitioner and victim girl had allegedly stayed in the house of the petitioner's grand-mother till they were arrested and brought back by the police. From a perusal of the aforesaid statement and also the charge sheet allegations, it is seen that the petitioner had voluntarily accompanied the petitioner and it is highly doubtful that he had kidnapped her. Petitioner, who had no criminal antecedents, is in custody from 28.02.2023 onwards. The victim girl was aged about 17 years and 11 months as on the date of complaint. Investigation in the case is completed and the charge sheet has been filed. Under these circumstances, I am of the view that the

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NC: 2023:KHC:37177 CRL.P No. 5159 of 2023

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petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:

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O R D E R

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in Special Case No.303/2023 pending before the Court of Additional District and Sessions Judge (FTSC-1) at Tumkur arising out of Crime No.42/2023 registered by Koratagere Police Station, Tumkur District for the offences punishable under Sections 363, 344, 379(2)(n) of IPC and under Section 6 of the 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 two sureties 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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7 - NC: 2023:KHC:37177 CRL.P No. 5159 of 2023

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

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SD/JUDGE

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VBS List No.: 1 Sl No.: 16 CT: BHK

Sri. Shivakumar R v. the State by Koratagere Poice Station

Case brief

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Sri. Shivakumar R v. the State by Koratagere Poice Station

Case brief

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