Allowed

Mallikrihan S/O Abdulhameed Alias Tahir Akkialur v. the State of Karnataka

Karnataka HC19 Feb 2024CRL.P/100271/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 439 Cr.P.C. for regular bail. Considering the victim's age, the consensual nature of the relationship, and the petitioner's custody duration, the court directed his release subject to a personal bond and specific conditions.

What did the court decide?

Petitioner released on bail subject to executing a personal bond of Rs.1,00,000 with one surety, appearing regularly, and not threatening witnesses or leaving jurisdiction.

Mallikrihan S/O Abdulhameed Alias Tahir… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:3860 CRL.P No. 100271 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^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. 100271 OF 2024

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BETWEEN:

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MALLIKRIHAN S/O ABDULHAMEED @ TAHIR AKKIALUR, AGE: 23 YEARS, OCC: COOLIE, R/O. 442, ANAND NAGAR, MUNDAGOD, DIST. UTTAR KANNADA-581349.

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…PETITIONER

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(BY SRI. K.M.SHIRALLI, ADVOCATE)

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AND:

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.20 10:52:22 +0530

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THE STATE OF KARNATAKA THROUGH MUNDGOD POLICE STATION, U.K. R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD.

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MOHAMMED JAFAR S/O BABUSAB GARD, AGE: 43 YEARS, OCC: DRIVER, R/O. ANAND NAGAR, MUNDGOD, DIST: UTTAR KANNADA-581349.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ORDER THE RELEASE OF THESE PETITIONER/ACCUSED ON BAIL IN MUNDGOD P.S. CRIME NO.135/2023, WHICH HAS BEEN SUBSEQUENT NUMBERED AS SPECIAL CASE NO.112/2023,

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NC: 2024:KHC-D:3860 CRL.P No. 100271 of 2024

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REGISTERED FOR THE OFFENCES PUNISHABLE 4, 6 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND UNDER SECTION 363, 366(A), 376(2) (N) OF IPC, PENDING ON THE FILE AS OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, U.K. KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER 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.112/2023 pending before the Court of Addl. District & Sessions Jude, FTSC-I, U.K. Karwar, arising out of Crime No.135/2023 registered by Mundgod Police Station, Uttara Kannada District, for the offences punishable under Sections 363, 366A, 376(2)(N) IPC and Sections 4, 6 & 12 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 439 Cr.PC.

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Heard the learned Counsel for the parties.

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FIR in Crime No.135/2023 was registered by Mundgod

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Police Station, Uttara Kannada District, initially for the offence punishable under Section 363 IPC against unknown persons on the basis of the complaint dated 26.08.2023 lodged by

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3 - NC: 2024:KHC-D:3860 CRL.P No. 100271 of 2024

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respondent no.2 herein who is the father of the minor victim girl.

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In the typed complaint dated 26.08.2023, it is averred that complainant’s daughter aged about 17 years 7 months who had left the house on 24.08.2023 at 4.15 p.m., had not returned home thereafter. Efforts made by the complainant and his relatives to trace her had failed, and therefore, the complainant had approached the police. During the course of investigation, the petitioner and the victim girl were traced together at Bengaluru in the house of petitioner’s sister on 28.08.2023. Thereafter, the petitioner was produced before the jurisdictional court and remanded to judicial custody. The victim girl was subjected to medical examination on 28.08.2023 and her statement before the jurisdictional Magistrate under Section 164 Cr.PC was recorded on 29.08.2023. Investigation in the case is complete and charge sheet has been filed. Bail application filed before the Trial Court in Crime No.135/2023 was rejected on 31.10.2023. Therefore, petitioner is before this Court.

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4 - NC: 2024:KHC-D:3860 CRL.P No. 100271 of 2024

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Learned Counsel for the petitioner submits that the petitioner and the victim girl were in love. The victim girl has now attained the age of majority. From a perusal of the statement made by the victim girl during the course of her medical examination and also in her Section 164 Cr.PC statement, it is very clear that the petitioner and the victim girl were in love and were in relationship for nearly about 1½ years. Petitioner is aged about 22 years and he is in custody from 29.08.2023. Investigation in the case is complete and charge sheet has been filed. Accordingly, he prays to allow the petition.

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Learned HCGP has opposed the petition. On instructions from the mother of the victim girl who is present before the Court, she submits that as on the date of incident, the victim girl was minor. The alleged offences get attracted against the petitioner. Accordingly, she prays to dismiss the petition.

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FIR in Crime No.135/2023 was registered on the complaint of respondent no.2, initially for the offence under Section 363 IPC against unknown persons after his minor daughter was found missing from 24.08.2023 onwards. During

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5 - NC: 2024:KHC-D:3860 CRL.P No. 100271 of 2024

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the course of investigation, the petitioner and the victim girl were traced together on 28.08.2023 in the house of petitioner’s sister. The victim girl was subjected to medical examination on 28.08.2023. Before the doctor who had medically examined the victim girl, she has stated that she was in love with the petitioner for the last about two years and they had sex multiple times. She had also stated that after she missed her periods, she had consumed a tablet for termination of her pregnancy and since she started bleeding, she went along with the petitioner to Bengaluru on 24.08.2023 and stayed in his sister’s house. Since the bleeding continued, they returned to their village. Even in her statement under Section 164 Cr.PC, she has again reiterated the same, but she has not admitted that she was in love with the petitioner. In her statement before the police under Section 161 Cr.PC, she has admitted her relationship with the petitioner. Therefore, from a overall reading of the entire charge sheet material, it can be clearly gathered that the petitioner and the victim were in love and they had sex on multiple occasions during the last about two years. As on the date of the complaint, the victim girl was aged about 17 years 7 months and as of now, she has completed 18

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years of age. Petitioner who is aged about 22 years is in custody for the last more than five months. 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 seeking regular bail is required to be answered affirmatively. Accordingly, the following order:

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Petition is allowed. The petitioner is directed to be enlarged on bail in Spl. Case No.112/2023 pending before the Court of Addl. District & Sessions Jude, FTSC-I, U.K. Karwar, arising out of Crime No.135/2023 registered by Mundgod Police Station, Uttara Kannada District, for the offences punishable under Sections 363, 366A, 376(2)(N) IPC and Sections 4, 6 & 12 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 one surety for the likesum 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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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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Mallikrihan S/O Abdulhameed Alias Tahir Akkialur v. the State of Karnataka

Case brief

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Mallikrihan S/O Abdulhameed Alias Tahir Akkialur v. the State of Karnataka

Case brief

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