Allowed

Sri M S Shantakumar v. State of Karnataka

Karnataka HC13 Oct 2023CRL.P/7555/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka granted regular bail to the accused in a POCSO trial under Section 439 Cr.P.C. The Court observed that the victim was coerced by parents, had voluntarily expressed love for the accused, and the issue of pregnancy required trial. Bail allowed with bond.

What did the court decide?

Petition allowed; petitioner directed to be released on bail subject to personal bond, appearance, and surety conditions.

Sri M S Shantakumar Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC:37430 CRL.P No. 7555 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^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. 7555 OF 2023

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Between:

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Sri. M.S.Shantakumar, S/o. Shivanna Aged about 28 years, R/at Motaganahalli Village, Soluru Hobli, Magadi Taluk Ramanagara District-562127.

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…Petitioner

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(By Sri. Dharanesha, Advocate)

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And:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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State of Karnataka, Tavarekere Police Station Bengaluru. Represented by Public Prosecutor, High Court of Karnataka, Bengaluru-560001.

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Victim represented by her Mother Smt. Renukamma, W/o. Shivaramu, Aged about 36 years, R/at Motaganahalli Village, Soluru Hobali, Magadi Taluk, Ramanagara District-562127.

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…Respondents

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(By Smt. Sowmya R., HCGP)

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This Criminal Petition is filed under section 439 Cr.P.C. praying to grant bail in Cr.No.140/2023 in Special Case (POSCO) No.75/2023 on the file of the 1st Additional District

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NC: 2023:KHC:37430 CRL.P No. 7555 of 2023

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Sessions Judge at Ramanagara, charge sheet submitted by Tavarekere Police Station for the alleged offences p/u/s 4, 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 read with section 376 of IPC.

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This Criminal Petition, coming on for orders, this day, the court made the following:

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ORDER

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Accused in Spl. Case (POCSO) No.75/2023

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pending before the Court of I Additional District and Sessions Judge and Special Judge,

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Ramanagara, arising out of Crime No.140/2023 registered by Tavarekere Police Station, Ramanagara for the offences punishable under Section 376 of Indian Penal Code (for short hereinafter referred to as 'IPC') and Sections 4, 5(L) and 6 of the POCSO Act, 2012 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 the learned High Court Government Pleader for respondent No.1 - State.

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3 - NC: 2023:KHC:37430 CRL.P No. 7555 of 2023

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On the basis of the complaint of Smt. Renukamma W/o Shivaramu, mother of the minor victim girl, dated 19.04.2023, Tavarekere police station, Ramanagara had registered FIR in Crime No.140/2023 against the petitioner herein initially for the offence punishable under Section 376 of IPC and Sections 4 and 6 of POCOS Act.

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In the complaint, it is averred that the complainant’s minor daughter was studying in PUC and on 18.04.2023 she was found vomiting in the house. Therefore, complainant she took her to Government Hospital, Nelamangala and the doctors in the hospital after examining the complainant’s minor daughter informed the complainant that her daughter was pregnant. On enquiry, the minor girl informed the complainant that she was in love with Shanthakumar who is from the very same village and he had taken her to a lodge at Goraguntepalya in Bengaluru and had sexual intercourse with her

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NC: 2023:KHC:37430 CRL.P No. 7555 of 2023

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inspite of her resistance. It is in this background, the complainant approached the police and lodged a complaint which had resulted in registering FIR in Crime No.140/2023 by the Tavarekere police station, Ramanagara, against the petitioner.

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During the course of investigation, the petitioner was arrested on 20.04.2023 and remanded to judicial custody. The victim girl was subjected to medical examination and her statement under Section 164 of Cr.P.C., was recorded by the jurisdictional Magistrate. Investigation in the case is complete and charge sheet has been filed.

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The bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure before the I Additional District and Sessions Judge, Ramanagara in Crl.Misc.

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No.566/2023 was rejected on 03.08.2023. It is

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NC: 2023:KHC:37430 CRL.P No. 7555 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

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submits that the petitioner and the victim girl are in love and the victim girl had voluntarily accompanied the petitioner. She has not supported the case of prosecution in her statement recorded under Section 164 of Cr.P.C., by the jurisdictional Magistrate. Accordingly he prays to allow the petition.

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Per contra, learned High Court

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Government Pleader opposed the bail petition and prays to dismiss 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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6 - NC: 2023:KHC:37430 CRL.P No. 7555 of 2023

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The material on record would go to show that based on the complaint lodged by the mother of the minor victim girl, FIR was registered in Crime No.140/2023 against the petitioner. In the complaint, it is averred that the complainant’s daughter was found vomiting in the house and therefore she was taken to hospital by the complainant and the doctors in the hospital after medically examining the victim girl informed that she was pregnant. It is only then, the victim girl revealed to the complainant that the petitioner was the cause of her pregnancy. During the course of investigation in the case, the petitioner was arrested on 20.04.2023 and ever since then, he is in judicial custody.

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The victim girl has not stated anything against the petitioner during the course of her medical examination or during recording her statement under Section 164 of Cr.P.C., by the

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NC: 2023:KHC:37430 CRL.P No. 7555 of 2023

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jurisdictional Magistrate on 21.04.2023. In her statement before the Magistrate, the victim girl has stated that she was in love with the petitioner and this was opposed by her mother and her relatives and they intended to get her married to some other boy. Though the victim was not willing for the same, she was forced to agree for the same. Subsequently, the victim girl had stomach pain and she vomited in her house and therefore her mother had taken her to the hospital and after the doctors informed her mother that she was pregnant, the police was summoned to the hospital and her mother had given the details about the case. As on the date of recording her statement, the victim girl had completed her 17 years of age. The victim had stated that though she was not willing to terminate the pregnancy, her parents and relatives forced her and therefore her pregnancy was medically terminated.

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Considering the charge sheet materials and also the statement of the victim girl recorded under Section 164 of Cr.P.C., it is evident that the petitioner and the victim girl are in love and only after the victim girl was found to be pregnant, she had revealed to her mother about the cause for her pregnancy and thereafter a police complaint was filed. Be that as it may, investigation in the case is complete and charge sheet has been filed. The petitioner who has no criminal antecedents, is in custody from 20.04.2023. Charge sheet allegations made against him is required to be proved in a require full fledged trial.

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Under these circumstances, I am of the opinion that the petitioner’s prayer for grant of regular bail required to be answered in the affirmative.

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Accordingly, I pass the following:

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NC: 2023:KHC:37430 CRL.P No. 7555 of 2023

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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 Spl. Case (POCSO) No.75/2023 (arising out of Crime No.140/2023 registered by Tavarekere Police Station, Ramanagara) pending on the file of the I Additional District and Sessions Judge, Ramanagara for the offences punishable under Section 376 of IPC, Sections 4, 5(L) and 6 of the POCSO Act, 2012, subject to the following conditions:-

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a) The 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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KMV

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List No.: 1 Sl No.: 17

Sri M S Shantakumar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri M S Shantakumar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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