Allowed

Vijendra S/O Venkatesh v. the State of Karnataka

Karnataka HC13 Feb 2024CRL.P/100241/2024

Case brief

AI extract

What is this about?

Regular bail sought by a 20-year-old accused in a POCSO case after his trial court bail application was rejected. The victim's statement under Section 164 Cr.P.C. stated no sexual assault occurred; investigation was complete with charge sheet filed and no criminal antecedents.

What did the court decide?

Petitioner enlarged on bail in Spl.Case No.918/2023 on personal bond of Rs.1,00,000/- with one surety, subject to attendance conditions and non-tampering with witnesses

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

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NC: 2024:KHC-D:3345 CRL.P No. 100241 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^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. 100241 OF 2024 (439-)

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BETWEEN:

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VIJENDRA S/O VENKATESH AGE. 20 YEARS, OCC. HOTEL EMPLOYEE, R/O MG NAGARA, 12TH CROSS, NEAR DHOBIGHATE, TALUKA-HOSAPETE, DIST. VIJAYANAGARA-583101.

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…PETITIONER

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(BY SRI. SRINIVAS B NAIK, ADV.)

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AND:

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Digitally signed by SUJATA SUBHASH PAMMAR Date: 2024.02.14 17:06:39 +0530

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THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR , HIGH COURT OF KARNATAKA, DHARWAD BENCH THROUGH KAMALAPUR POLICE STATION, HOSAPETE, DIST. VIJAYANAGAR-580011.

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MANAVATHI W/O. NARAYAN B. AGE. 39 YEARS, OCC. LABOURER, R/O. 3 RD WARD, NEAR VENKATARAMANA TEMPLE, BUKKASAGAR, TQ. HOSPET, DIST. VIJAYNAGAR-583201.

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…RESPONDENTS

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(BY SMT.GIRIJA S HIREMATH, HCGP; NOTICE TO R2 SERVED)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO GRANT REGULAR BAIL TO THE

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2 - NC: 2024:KHC-D:3345 CRL.P No. 100241 of 2024

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PETITIONER/ACCUSED IN SPECIAL CASE NO.918/2023, ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI (CRIME NO.86/2023 OF KAMALAPUR POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE U/S 201, 363, 366(A) 376 OF IPC AND U/S 4, 6 OF THE POCSO ACT.

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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.Case.No.918/2023 pending before the Court of the Principal District and Sessions Judge, FTSC-I, Bellary arising out of Crime No.86/2023 registered by Kamalapur Police Station, Vijayanagara District for the offences punishable under Sections 201, 363, 366A, 376 of IPC and under Sections 4 and 6 of the Protection Of Children from Sexual Offences Act, 2012, is 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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FIR in Crime No.86/2023 was registered by

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Kamalapur police station, Vijayanagara District on the complaint of the 2^nd respondent herein against unknown persons for the offence punishable under Section 363 of IPC. In the complaint dated 25.09.2023 lodged by the

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3 - NC: 2024:KHC-D:3345 CRL.P No. 100241 of 2024

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mother of the victim girl, it is averred that the victim girl who had gone out on 22.09.2023 at about 11.00 a.m., had not returned home and efforts made by the complainant and her family members to trace her had failed and therefore complaint was lodged on 25.09.2023. During the course of investigation, petitioner and the victim girl were traced together on 06.10.2023. They were brought back to their village and the petitioner was produced before the Court and remanded to judicial custody. Statement of the victim girl under Section 164 of the Cr.P.C. was recorded before the jurisdictional Magistrate on 12.10.2023. Investigation in the case was completed and charge sheet was filed. Bail application filed by the petitioner before the Trial Court in Spl.Case No.918/2023 was rejected on 12.01.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that

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the victim girl has not made any allegation against the petitioner which would attract the alleged offence. Accordingly, he prays to allow the petition.

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4 - NC: 2024:KHC-D:3345 CRL.P No. 100241 of 2024

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Per contra, learned High Court Government

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Pleader has opposed the petition. She submits that the victim girl is a minor and therefore the alleged offences get attracted against him. Accordingly, she prays to dismiss the petition.

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As per the complaint averment, daughter of the complainant, who was aged about 17 years, was studying in 2^nd year PUC as on the date of the complaint. She was found missing from the house from 22.09.2023 onwards. During the course of investigation, petitioner and the victim girl were traced together on 06.10.2023 at Bengaluru. The victim girl has refused to cooperate with the police for the purpose of her medical examination. In her statement before the jurisdictional Magistrate recorded under Section 164 of Cr.P.C., the victim girl has clearly stated that the petitioner has not committed any sexual assault on her while she was along with him in Bengaluru. The petitioner undisputedly has no criminal antecedents and he is in custody from 06.10.2023. He is aged about 20

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5 - NC: 2024:KHC-D:3345 CRL.P No. 100241 of 2024

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years. Investigation in the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:

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ORDER

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Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.Case.No.918/2023 pending before the Court of the Principal District and Sessions Judge, FTSC-I, Bellary arising out of Crime No.86/2023 registered by Kamalapur Police Station, Vijayanagara District for the offences punishable under Sections 201, 363, 366A, 376 of IPC and under Sections 4 and 6 of the POCSO Act, 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 one surety for the likesum to the satisfaction of the jurisdictional Court;

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6 - NC: 2024:KHC-D:3345 CRL.P No. 100241 of 2024

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ii. The petitioner shall appear regularly on all the

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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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Sd/JUDGE

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KGK

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List No.: 1 Sl No.: 26

Vijendra S/O Venkatesh v. the State of Karnataka

Case brief

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Vijendra S/O Venkatesh v. the State of Karnataka

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