Allowed

Gangadhara S/O Ayyappa v. the State of Karnataka

Karnataka HC6 Feb 2024CRL.P/100155/2024

Case brief

AI extract

What is this about?

Hon'ble HC allowed the criminal petition under Section 439 Cr.P.C., enlarging the petitioner on bail in an IPC/POCSO case alleging rape. The court noted the petitioner and victim were relatives; she voluntarily left and had a prior relationship, though later contradicted the petitioner's love story, but still found prima facie merit for bail.

What did the court decide?

Petitioner enlarged on bail in SAC No.729/2023 subject to personal bond of Rs.1,00,000 with sureties and other standard conditions.

Gangadhara S/O Ayyappa Vs the State of… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100155 OF 2024 (439 )

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BETWEEN:

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GANGADHARA S/O. AYYAPPA, AGE: 22 YEARS, OCC. FARMER, R/O. HARATENUR VILLAGE, TQ. SINDHANURU, DIST. RAICHURU-583121.

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…PETITIONER

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(BY SRI B. ANWAR BASHA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA (THROUGH SIRUGUPPA P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001.

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Digitally VIJAYALAXMIM BHAT signed byVIJAYALAXMIM BHAT

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SANNA AYYAPPA S/O. BHIMAPPA, AGE: 45 YEARS, OCC. FARMER, R/O. HARETA VILLAGE, TQ. SINDHANURU, DIST. RAICHURU-583121.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR RESPONDENT NO.1)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.CASE NO.729/2023 IN CONNECTION WITH (CRIME NO.165/2023 REGISTERED IN SIRUGUPPA PS PUNISHABLE U/S 376, 363, 376(2) (N) OF IPC AND 5(J), 5(L), 6, 8 AND PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT

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NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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2012, PENDING TRAIL OF THE CASE, BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI. 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.729/2023 pending before the Court of Additional District and Sessions Judge F.T.S.C.-I, Ballari arising out of Crime No.165/2023 registered by Siruguppa Police Station, District Ballari for the offences punishable under Sections 376, 363 and 376(2)(n) of IPC and Section 4, 5(j), 5(L), 6 and 8 of the Protection of Children From Sexual Offences Act, 2012 is

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before this Court under Section 439 of the Cr.P.C.

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Heard the learned counsel for the parties.

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Respondent No.2 who is served in the matter has remained unrepresented before this Court.

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FIR in Crime No.165/2023 was registered by Siruguppa Police Station, District Ballari against unknown persons for the offence punishable under Section 363 of IPC on the basis of complaint of 2^nd respondent herein

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3 - NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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dated 09.08.2023. In the complaint, it is averred that complainant’s minor daughter was studying in I year PUC and she was staying in a girls hostel at Siruguppa. On 06.08.2023, respondent No.2 herein had gone to the hostel to meet his minor daughter, he was informed by his daughters friends that his minor daughter left the hostel on 05.08.2023 at about 8-30 p.m. and had gone with somebody whom she had introduced to her friends as her brother. Thereafter, efforts were made by the complainant to trace his minor daughter. Since the complainant could not trace his minor daughter; he had approached the Police and lodged the complaint, which had resulted in registering FIR in Crime No.165/2023.

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During the course of investigation, the petitioner

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and minor girl were traced together at Bengaluru on 13.08.2023 and they brought back to their village and the petitioner was produced before the Court on 14.03.2023 and remanded to Judicial Custody. The minor girl was subjected to medical examination and her statement

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4 - NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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under Section 164 of Cr.P.C. was also recorded before the jurisdictional Magistrate. Investigation in the case is completed and charge sheet has been filed. Bail application filed by the petitioner before the Trial Court was rejected on 02.01.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner after having reiterated the grounds urged in the petition, submits that the petitioner and the victim girl were in love. She has voluntarily accompanied the petitioner. Petitioner is aged about 22 years. He has no criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra , the learned High Court Government Pleader has opposed the petition. She submits that the victim girl is a minor and therefore alleged offence get attracted against the petitioner. Accordingly, she prays to dismiss the petition.

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Respondent No.2 had approached the Police on 09.08.2023 after his minor daughter who was staying in

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5 - NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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the Hostel at Siruguppa was found missing from 05.08.2023 onwards. The friends of victim had informed the complainant that victim had left the hostel on 05.08.2023 along with a person whom she had introduced as her brother. During the course of investigation, the petitioner and the victim girl were traced together in Bengaluru on 13.08.2023. The statement of the victim was recorded on 13.08.2023 and in the said statement, victim has stated that she and the petitioner were in love Since the parents of the petitioner were searching for a girl to get him married, they had decided to marry and therefore on 05.08.2023 she had left the hostel and accompanied the petitioner and they traveled from Siruguppa to Bengaluru in a Bus. After reaching Bengaluru, they had stayed in a room till 13.08.2023 and during such stay they had sexual intercourse. She has further stated that on 13.08.2023, the Police came to Bengaluru and brought them back. The statement of victim girl under section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 29.08.2023. In the said statement, victim has stated that

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6 - NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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she had left the hostel on 06.08.2023 and had traveled with the petitioner who is her relative to Bengaluru and they had stayed together in a room at Bengaluru for a period of 03 days and during such stay, the petitioner had sexual intercourse with her against her wish.

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From a perusal of the entire material available on record, it is seen that the petitioner and the victim girl are relatives and they are acquainted to each other. The victim had voluntarily accompanied the petitioner and traveled in a public transport and they together stayed in Bengaluru for several days. Petitioner is a youngster, aged about 22 years and he has no criminal antecedents. He is in custody from 14.08.2023. Investigation in the case is completed and charge sheet has been filed. Allegation against the petitioner is required to be proved in full fledged trial. Under the circumstances, the prayer made by the petitioner for regular bail is required to be answered in the affirmative. Accordingly the following:

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7 - NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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ORDER

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Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.729/2023 pending before the Court of Additional District and Sessions Judge F.T.S.C.-I, Ballari arising out of Crime No.165/2023 registered by Siruguppa Police Station, District Ballari for the offences punishable under Sections 376, 363 and 376(2)(n) of IPC and Section 4, 5(j), 5(L), 6 and 8 of the Protection of Children From Sexual Offences Act, 2012, subject to the following conditions:

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i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the like-sum to the satisfaction of the jurisdictional Court;

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ii. 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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iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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NC: 2024:KHC-D:2517 CRL.P No. 100155 of 2024

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iv. 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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List No.: 1 Sl No.: 17

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CKK

Gangadhara S/O Ayyappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Gangadhara S/O Ayyappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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