Allowed

Sri Basava v. State by Kadugodi Police Station

Karnataka HC16 Nov 2023CRL.P/8019/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a criminal petition filed for regular bail under Section 439 CrPC. The petitioner, aged 19, was accused of kidnapping and sexual offences under IPC and POCSO. The court found no serious allegations against him by the victim and allowed bail subject to conditions.

What did the court decide?

Petitioner enlarged on bail subject to personal bond of Rs. 1,00,000/- with two sureties, regular appearance, prohibition on tampering with witnesses, and no leave from jurisdiction.

Sri Basava Vs State by Kadugodi Police Station — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC:40833 CRL.P No. 8019 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8019 OF 2023

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BETWEEN:

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SRI. BASAVA, S/O LATE GURURAJ, AGED ABOUT 19 YEARS, R/AT NO. 17, WARD NO 16, NEAR BASAVANAGUDI THEKKALAKOTI TOWN, SIRAGUPPA TALUK, BELLARY DISTRICT - 583 122.

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…PETITIONER

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(BY SRI. MALLIKARJUN N.K., ADVOCATE FOR SRI. SAMPATH A., 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 BY KADUGODI POLICE STATION, WHITEFIELD SUB-DIVISION, BANGALORE CITY, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001.

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SRI. LAKSHMIDEVI, W/O SRI. SUDHAKAR, AGED ABOUT 35 YEARS, R/AT UDAYA LAYOUT, C/O RAJANNA RENTAL HOUSE, KODIGEHALLI MAIN ROAD,

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NC: 2023:KHC:40833 CRL.P No. 8019 of 2023

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SADARAMANGALA, BANGALORE CITY - 560 067.

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…RESPONDENTS

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(BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. N. HARISH KUMAR, 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.165/2022 REGISTERED BY KADUGODI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 363 AND 376(3) OF IPC AND SECTION 4, 6 AND 12 OF POCSO ACT PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-III, BENGALURU RURAL DISTRICT BENGALURU.

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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 Special Case No.876/2022 pending before the Court of Additional District and Sessions Judge, FTSC - III, Bangalore Rural District, Bangalore City, arising out of Crime No.165/2022 registered by the Kadugodi Police Station, Bangalore City, for offences punishable under Section 363, 376(3) of IPC and Sections 4, 6 and 12 of 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 parties.

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NC: 2023:KHC:40833 CRL.P No. 8019 of 2023

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On the basis of the complaint of 2nd respondent, who is the mother of the victim girl, FIR in Crime No.165/2022 was registered by Kadugodi Police, Bangaloru City, on 31.08.2022 against unknown persons for offence under Section 363 of IPC. During the course of investigation of the case, on 08.09.2022 the victim girl was traced along with the petitioner in his native place. The police thereafter, brought the victim girl and the petitioner to the police station and the petitioner was produced before the Trial Court and remanded him to judicial custody. The victim girl was produced before the Doctor for the purpose of medical examination and her statement under Section 164 of Cr.P.C. was also recorded before the jurisdictional Magistrate. Investigation in the case is complete and charge sheet has been filed. Petitioner's bail application filed before the Court of Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, in Crl. Misc. No.29/2023 was rejected on 30.01.2022. Therefore, petitioner is before this Court.

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NC: 2023:KHC:40833 CRL.P No. 8019 of 2023

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Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that, the petitioner and the victim girl were in love. The victim girl has not made any serious allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C.

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The victim girl has not co-operated for the purpose of medical examination. Petitioner is aged about 19 years, and he is in custody from 08.09.2022. Accordingly, he prays to allow the petition.

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Per contra, the learned HCGP appearing for the 1st respondent has opposed the bail application and prays to dismiss the petition.

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From a perusal of the material available on record, it is seen that the petitioner and the victim girl are acquainted with each other and they were in love. The 2nd respondent, who is the mother of the victim girl had approached the police on 31.08.2022, after her minor daughter was found missing from the house from 30.08.2022 onwards. In the complaint the 2nd

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5 - NC: 2023:KHC:40833 CRL.P No. 8019 of 2023

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respondent has expressed that she suspected the hand of a boy and she also had given the mobile numbers of the suspect. The charge sheet material would go to show that the petitioner and the victim girl were traced together in the house of the petitioner in his native place. The victim girl has not co-operated for the purpose of medical examination. During the course of her statement recorded under Section 164 of Cr.P.C. by the jurisdictional Magistrate the victim girl has not made any serious allegation against the petitioner, and on the other hand, she stated that she was acquainted with the petitioner and she was in love with him. She also has stated that she had gone along with the petitioner and they had stayed in his house in their native place along with the mother of the petitioner. The charge sheet allegations made against the petitioner are required to be proved in a full fledged trial. Petitioner, who is aged 19 years, without any no criminal antecedents, is in custody from 08.09.2022 onwards.

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NC: 2023:KHC:40833 CRL.P No. 8019 of 2023

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Learned counsel appearing for the 2nd respondent has submitted that the victim girl has already been examined before the Trial Court and she has been treated as hostile witness in the case. Under these circumstances, I am of the view that, petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following:

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ORDER

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The petition is allowed. Petitioner is directed to be enlarged on bail in Crime No.165/2022 of Kadugodi Police Station registered for the offences punishable under Section 363 of IPC, 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 two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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NC: 2023:KHC:40833 CRL.P No. 8019 of 2023

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d) Petitioner shall not involve in similar offences in future;

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e) 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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NG List No.: 1 Sl No.: 36 CT:SNN

Sri Basava v. State by Kadugodi Police Station

Case brief

What is this about?

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Sri Basava v. State by Kadugodi Police Station

Case brief

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