Allowed

Rakesh K S v. State of Karnataka by

Karnataka HC27 Oct 2023CRL.P/6517/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, in Criminal Petition No. 6517 of 2023, granted regular bail to the petitioner accused of offences under IPC Sections 448, 376 and POCSO Act Section 4. The court noted discrepancies in the victim's statements and the accused's clean record.

What did the court decide?

Petitioner released on bail in Cr.No.28/2023 for offences under Sections 448, 376 IPC and Section 4 POCSO Act, subject to personal bond of Rs. 2,00,000 with two sureties and conditions.

Rakesh K S Vs State of Karnataka by — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC:38096 CRL.P No. 6517 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^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. 6517 OF 2023

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BETWEEN:

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RAKESH K S, S/O SHANTHARAJ K, AGED ABOUT 27 YEARS, R/O KATTALAGERE VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577219.

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…PETITIONER

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(BY SRI CHAKRAVARTHY T S, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY BASAVAPATNA POLICE STATION, DAVANAGERE-577219, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560001.

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Digitally signed by HARSHITHA B Location: HIGH COURT OF KARNATAKA

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BASAVARAJAPPA, S/O SIDDAPPA, AGED ABOUT 46 YEARS, R/O KATTALAGERE VILLAGE,

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CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577219.

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…RESPONDENTS

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(BY SRI RAHUL RAI, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER / ACCUSED ON BAIL IN CR.NO.28/2023 IN BASAVAPTNA POLICE STATION, DAVANAGERE, ON THE FILE OF 2ND ADDL. DISTRICT SESSION JUDGE, DAVANAGERE FOR THE OFFFENCE U/S 448, 376 OF IPC AND SEC. 4 OF POCSO ACT, SUCH TERMS AND CONDITIONS AS DEEMED FIT AND ETC.,

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

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NC: 2023:KHC:38096 CRL.P No. 6517 of 2023

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ORDER

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The accused in Crime No.0028/2003 registered by Basavapatna police Station, Davanagere, for the offences punishable under Sections 448, 376 of Indian Penal Code (hereinafter for short referred to as ‘IPC’) and Section 4 of POCSO Act (hereinafter for short referred to as 'POCSO Act') is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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

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On the basis of the statement of the victim girl dated 03.03.2023, FIR in Cr.No.28/2023 was registered by Basavapatna police station, Davanagere against the petitioner initially for the offences punishable under Section 354(A) of IPC and Section 8 and 12 of POCSO Act, 2012. In her statement, the victim girl has averred that she was acquainted with the petitioner and they were exchanging messages through Instagram. Subsequently, they started loving each other. On 01.03.2023, the petitioner allegedly asked the victim girl whether her parents were not in her house. The victim girl

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3 - NC: 2023:KHC:38096 CRL.P No. 6517 of 2023

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informed that they had gone to Bapuji hospital, Davanagere. On the same night at about 11.00 p.m., when victim girl had gone out of the house to feed the cattles, the petitioner allegedly came there and thereafter both of them came inside the house and were hugging and kissing each other. At that time, victim's uncle Chandrappa came to the house, since he was informed by her neighbor about the petitioner entering the house of the victim. On enquiry by her uncle, the victim girl informed him that she and petitioner were friends. After petitioner left the house, the victim girl's uncle allegedly asked whether she intended to marry petitioner. Subsequently, on 02.03.2023 the victim girl was taken to Saki Unit at Davanagere. On the next day, her statement was recorded by the police and FIR was registered against the petitioner in Cr.No.28/2023. During the course of investigation in the said case, petitioner was arrested on 03.03.2023. The investigation in the case is completed and charge sheet has been filed for the aforesaid offences.

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The bail application filed by the petitioner under Section 439 of Criminal Procedure Code before the court of Additional District and Sessions Judge, FTSC-I, Davanagere in

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NC: 2023:KHC:38096 CRL.P No. 6517 of 2023

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Cr.No.28/2023 was rejected on 26.04.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.

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Learned counsel for the petitioner submitted that Section 4 of POCSO Act is wrongly invoked against the petitioner. The petitioner has no criminal antecedents. He is in custody for the last more than 7 months. The investigation is completed and charge sheet has been filed. Accordingly, prays for allow petition.

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Per contra, learned HCGP and learned counsel appearing for respondent No.2 have seriously opposed bail application. They submitted that victim girl is a minor and the petitioner has taken advantage of her age and has committed sexual assault on her. Accordingly, they pray to reject the bail application.

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In respect of the incident that had allegedly taken place on 01.03.2023 in the house of victim girl when her parents were not in the house, FIR in Cr.No.28/2023 was registered by Basavapatna Police on 03.03.2023 based on the statement given by the victim girl on 03.03.2023. In her statement the victim girl has stated that she was in love with

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NC: 2023:KHC:38096 CRL.P No. 6517 of 2023

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the petitioner, who is her neighbor and on 01.03.2023 when her parents were not in the house, at about 11.00 pm., petitioner came to the house and they were hugging each other and at that time, victim's uncle had come to the house.

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Immediately after registration of FIR, victim girl was subjected to medical examination and before the doctor who has medically examined the victim girl, she has stated that she was in love with the petitioner and she also has stated that the petitioner did not have any sexual intercourse with her. However, in her statement recorded before the Judicial Magistrate under Section 164 of Cr.P.C, on 04.03.2023, the victim girl has alleged that the petitioner had sexual intercourse against her wishes. The doctor who has examined the victim girl on 03.03.2023 has given a report that there were no signs of recent sexual intercourse and victim girl had no external injuries on her body. Considering the statement made by the victim girl which has resulted in registering FIR and also the statement made by her before the doctor, who had medically examined her after registration of FIR and had thereafter issued medical certificate to the effect that there were no signs of sexual intercourse, a doubt arises with regard to correctness

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of statement made by the victim girl subsequently on 04.03.2023 alleging that the petitioner had sexual intercourse with her. The victim girl has earlier stated that she was in love with the petitioner and she had allowed him to come inside her house at 11.00 pm on 01.03.2023. The charge sheet allegations against the petitioner is required to be proved in full-fledged trial. The petitioner has no criminal antecedents. He is in custody since 03.03.2023.

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Under these circumstances, this Court is of the view

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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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(i) The petition is allowed.

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(ii) The petitioner is directed to be released on bail in Crl.No.28/2023 in Basavapatna Police Station, Davanagere on the file of 2nd Addl.District and Session Judge, Davanagere for the offences punishable under Sections 448, 376 of IPC and Section 4 of POCSO Act, subject to the following conditions:-

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NC: 2023:KHC:38096 CRL.P No. 6517 of 2023

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a. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the concerned Court;

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b. He shall not tamper with the prosecution witnesses either directly or indirectly;

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c. He shall appear before the Trial Court regularly on all dates of hearing unless his presence is dispensed with the Trial Court for valid reasons.

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d. He shall not leave the jurisdiction of the Court without prior permission from the said Court till the disposal of the case.

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e. Petitioner shall not involve in similar Cases in future.

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Sd/JUDGE

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BH: List No.: 1 Sl No.: 18

Rakesh K S v. State of Karnataka by

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Rakesh K S v. State of Karnataka by

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