Allowed

Vishnappa Aliyas Shivu S/O Yallappa Kuri v. State of Karnataka

Karnataka HC23 Feb 2024CRL.P/100468/2024

Case brief

AI extract

What is this about?

High Court granted regular bail to a 20-year-old accused charged with sexual assault under IPC and POCSO Act. Court noted medical evidence indicated no penetration and questioned seriousness of offences. Bail allowed with surrender, strict bond, and prohibition on contacting witnesses or leaving jurisdiction.

What did the court decide?

Petitioner enlarged on bail with personal bond of Rs. 1,00,000 plus two sureties, directed to appear regularly, not tamper with witnesses, not leave jurisdiction, and not visit Naragund.

Vishnappa Aliyas Shivu S/O Yallappa Kuri Vs… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:4435 CRL.P No. 100468 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 23^RD DAY OF FEBRUARY, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

¶7

CRIMINAL PETITION NO. 100468 OF 2024

¶8

BETWEEN:

¶9

VISHNAPPA @ SHIVU S/O YALLAPPA KURI AGE: 20 YEARS, OCC: AGRICUTLURE, R/O JAMALAPUR ONI, NARAGUND TOWN, TQ: NARAGUND. DIST: GADAG.

¶10

…PETITIONER

¶11

(BY SRI SRINIVAS B. NAIK, ADVOCATE)

¶12

AND:

¶13

STATE OF KARNATAKA

¶14

REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH THROUGH NARAGUND POLICE STATION, DIST. GADAG-580011.

¶15

ANNAPURNA CHINNAPPA DANDAGAL

¶16

Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.23 13:06:09 +0530

¶17

SALMA W/O MAKTUMBEG MULLA, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O JAMALAPUR ONI, NARAGUND TOWN, DIST. GADAG-582207.

¶18

(BY SRI. T.P.MALIPATIL, AGA FOR R1; SRI. PRASHANT MATHAPATI, ADVOCATE FOR R2)

¶19

…RESPONDENTS

¶20

THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER IN SC NO. 05/2024 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE GADAG, IN CRIME NO. 222/2023 OF NARGUND POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376, AB, 506 OF IPC AND U/SEC. 4 AND 6 OF POSCO ACT.

¶21

¶22

NC: 2024:KHC-D:4435 CRL.P No. 100468 of 2024

¶23

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶24

ORDER

¶25

Accused in Crime No.222/2023 registered by Naragunda Police Station, Gadag District, for the offences punishable under Sections 376AB, 506 IPC and Sections 4 & 6 of the Prevention of Children from Sexual Offences Act, 2012, is before this Court under Section 439 Cr.PC.

¶26

Heard the learned Counsel for the parties.

¶27

FIR in Crime No.222/2023 was registered by Naragund Police Station, Gadag District, against the petitioner herein for the aforesaid offences on the complaint lodged by respondent no.2 who is the mother of the victim girl.

¶28

In the complaint dated 07.12.2023, the complainant has averred that at about 9.30 p.m. on 07.12.2023 her minor daughter had informed her that petitioner had misbehaved with her on 05.12.2023 when she had gone to the local dargha for offering prayers and on 07.12.2023 at about 7.00 p.m., when she was walking near the dargha, the petitioner came there and forcibly took her into a vacant house and in the said house, he sexually assaulted her and thereafter threatened her with

¶29

NC: 2024:KHC-D:4435 CRL.P No. 100468 of 2024

¶30

¶31

dire consequences to her life in the event she informs about the incident to anybody. It is in this background at about 23.25 hours on 07.12.2023 complaint was lodged, based on which, FIR in Crime No.222/2023 was registered against the petitioner.

¶32

During the course of investigation of the said case, petitioner was arrested on 08.12.2023. Investigation in the case is completed and charge sheet was filed on 16.12.2023 against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Spl.Sess.C.No.5/2024 was rejected on 27.01.2024. Therefore, petitioner is before this Court.

¶33

Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that even if the entire prosecution allegations against the petitioner is presumed to be proved, only the offence punishable under Section 8 of the POCSO Act can be made out against the petitioner. The maximum punishment for the said offence is imprisonment for a period of five years. Investigation is completed. Petitioner is

¶34

4 - NC: 2024:KHC-D:4435 CRL.P No. 100468 of 2024

¶35

aged about 20 years and his custody is not required. Accordingly, he prays to allow the petition.

¶36

Per contra, learned AGA and the learned Counsel for respondent no.2 have opposed the petition. They submit that the victim is aged below 12 years and the petitioner has sexually assaulted her. They also submit that in the event the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, they pray to dismiss the petition.

¶37

Respondent no.2 had approached the police on 07.12.2023 after she was allegedly informed by her minor daughter that the petitioner had sexually assaulted her on the said date at about 7.00 p.m. Immediately thereafter, the victim girl was subjected to medical examination. The doctor who had medically examined the victim in the early hours of 08.12.2023, had also recorded her statement. The doctor has opined that there was no penetration and only an attempt was made. He also has opined that there is no evidence of any forcible sexual intercourse and has further observed that hymen of the victim was intact and no seminal stains were

¶38

5 - NC: 2024:KHC-D:4435 CRL.P No. 100468 of 2024

¶39

found on local examination. No injuries on the body of the victim girl was found and there was no evidence of recent forceful sexual intercourse. The statement of the victim girl under Section 164 Cr.PC was recorded by the jurisdictional Magistrate on 11.12.2023. In the said statement, the victim girl has stated that on 07.12.2023, petitioner had taken her to the house of Nagawwa which was vacant and after removing her clothes, he had touched her private parts. She has not stated that the petitioner had either inserted his penis to her vagina, mouth, urethra or anus, nor has she stated that he had inserted any object or a part of the body, not being the penis, into her vagina, urethra, anus or mouth.

¶40

The only serious allegation made by the victim in her Section 164 Cr.PC statement against the petitioner is, that he had touched her private parts and she has also stated that at that time her sister came to the house of Nagawwa, and therefore, petitioner opened the door and ran away.

¶41

Considering the medical evidence as well as the statement of the victim girl recorded under Section 164 Cr.PC,

¶42

6 - NC: 2024:KHC-D:4435 CRL.P No. 100468 of 2024

¶43

a serious doubt arises as to whether the alleged offences get attracted against the petitioner.

¶44

Learned Counsel for the petitioner has strenuously contended that the alleged offices at the most would attract the offence under Section 8 of the POCSO Act and it is submitted that the maximum punishment for the said offence is imprisonment by five years.

¶45

The petitioner is an youngster aged about 20 years and he has no criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Continued detention of the petitioner in custody is likely to have adverse impact on his future prospects. The apprehension of the respondents can be taken care of by imposing appropriate conditions while granting bail to the petitioner. Accordingly, the following order:

¶46

Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.222/2023 registered by Naragunda Police Station, Gadag District, for the offences punishable under Sections 376AB, 506 IPC and Sections 4 & 6

¶47

¶48

NC: 2024:KHC-D:4435 CRL.P No. 100468 of 2024

¶49

of the Prevention of Children from Sexual Offences Act, 2012, subject to the following conditions:

¶50

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

¶51

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;

¶52

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

¶53

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;

¶54

v. The petitioner shall not visit Naragund till the case registered against him is disposed of.

¶55

Sd/JUDGE

¶56

KK CT:GSM List No.: 1 Sl No.: 17

Vishnappa Aliyas Shivu S/O Yallappa Kuri v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Vishnappa Aliyas Shivu S/O Yallappa Kuri v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mithun Aliyas Meethun Shettys/O Bojaraj Shetty Vs the State of Karnataka

Kritapur Chits(P) Ltd.,Gadag Vs Swetha W/O Manjunath Solanki

Basavanand S/O Shankareppa Jitti Vs Vijaykumar S/O Channappa Malbasari

Shivakumar S/O Basavaraj Mestri Vs State of Karnataka

Kallappa S/O Hanamant Byakud Vs State of Karnataka

Mariyamma W/O Mariyappa Channadasar Vs the State of Karnataka