Allowed

Venkatesha v. State of Karnataka

Karnataka HC8 Nov 2023CRL.P/7763/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the bail application of a petitioner accused under Section 376(2)(n) IPC and POCSO Act. The court noted the victim was now a major who intended to marry the accused, had refused DNA tests, and made no serious allegations. The petitioner has no criminal antecedents, and the charge sheet was filed.

What did the court decide?

The petitioner is directed to be enlarged on bail in Spl. C.C. No.1783/2023, subject to execution of a personal bond of Rs. 1,00,000 with two sureties and compliance with conditions regarding witness

Venkatesha Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC:39847 CRL.P No. 7763 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF NOVEMBER, 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. 7763 OF 2023

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BETWEEN:

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VENKATESHA S/O BILIGIRNAYAKA AGED ABOUT 28 YEAR S R/AT BANDAHALLI VILLAGE HANURU TALUK, CHAMARAJANAGAR - 571439

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…PETITIONER

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(BY SRI. PARAMESHWARAPPA C., 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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STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION, BENGALURU CITY PIN - 560050 REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560001 2. RAJAPPA S/O DUNDAMADA NAYAKA AGED ABOUT 45 YEARS R/AT BANDAHALLI VILLAGE HANURU TALUK, CHAMARAJANaGAR - 571439

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…RESPONDENTS

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NC: 2023:KHC:39847 CRL.P No. 7763 of 2023

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(BY SRI.RAHUL RAI, HCGP FOR R1 SRI.PUNEETH.N.S, ADVOCATE FOR R2)

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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.157/2023 OF HANUMANTHANAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 376(2)(n) OF IPC 1860 AND SEC.4,5(J)(ii) AND 6 OF POCSO ACT 2012.

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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.C. No.1783/2023 pending before the Court of Addl. City Civil and Sessions Judge - FTSC III, Bengaluru City, arising out of Crime No.157/2023 of Hanumanthanagar Police Station, Bengaluru City for the offence punishable under Section 376(2)(n) of IPC and under Sections 4, 5(J)(II) and 6 of Protection of Children from Sexual Offences Act, 2012 ('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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On the basis of the report dated 27.04.2023

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submitted by Ghousiya Firdose working as Supervisor in Women and Children Welfare Department, Kollegal,

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NC: 2023:KHC:39847 CRL.P No. 7763 of 2023

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Chamarajanagar District, FIR in Crime No.20/2023 was registered initially by Chamarajanagar Women Police Station, Chamarajanagar District against the petitioner herein for the offence punishable under Section 376(2)(n) of IPC and under Sections 4, 5(J)(II) and 6 of POCSO Act. Subsequently, on the ground of jurisdiction, the case was transferred to Hanumanthanagar Police Station, Bengaluru City and FIR was registered in Crime No.157/2023. During the course of investigation of the case, the petitioner was arrested on 21.07.2023. Investigation in the case is completed and charge sheet is filed. The bail application filed by the petitioner before the trial Court in Crl.Misc.No.7094/2023 was rejected on 08.08.2023. Therefore, he is before this Court.

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The learned counsel for the petitioner having reiterated the grounds urged in the petition submits that victim girl is now aged 18 years 3 months. She has not made any serious allegations against the petitioner either before the doctor who has medically examined her or in

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NC: 2023:KHC:39847 CRL.P No. 7763 of 2023

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her Section 164 of Cr.P.C. statement. The victim girl has also refused to co-operate for DNA test. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP opposed the bail application and prayed to dismiss the petition.

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Learned counsel appearing for the respondent

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No.2 submitted that victim has given birth to a boy baby on 28.08.2023 and since she is a major now she intends to marry the petitioner.

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The material on record would go to show that

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FIR in the present case was registered based on the report submitted by the official of Women and Children Welfare Department. The victim girl has not made any serious allegations against the petitioner about any sexual assault made on her against her wish and on the other hand,

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material on record would go to show that the petitioner and victim girl were in love with each other. In her statement recorded by the jurisdictional magistrate under Section 164(5) of Cr.P.C. the victim girl has stated that

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5 - NC: 2023:KHC:39847 CRL.P No. 7763 of 2023

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her parents had agreed to perform her marriage with the petitioner when she turns 18 years of age. Investigation in the case is completed and charge sheet has been filed. The petitioner who has no criminal antecedent is in custody from 21.07.2023.

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Under these circumstances, I am of the opinion

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that the petitioner has made out a case for grant of bail. 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 Spl. C.C. No.1783/2023 pending before the Court of Addl. City Civil and Sessions Judge - FTSC III, Bengaluru City, arising out of Crime No.157/2023 of Hanumanthanagar Police Station, Bengaluru City registered for the offence punishable under Section 376(2)(n) of IPC and under Sections 4, 5(J)(II) and 6 of POCSO Act, 2012, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with

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6 - NC: 2023:KHC:39847 CRL.P No. 7763 of 2023

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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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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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NS List No.: 1 Sl No.: 26

Venkatesha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Venkatesha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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