Allowed

Santosh Alias Santosh Kumar v. the State of Karnataka

Karnataka HC3 Jul 2024CRL.P/101680/2024

Case brief

AI extract

What is this about?

Regular bail petition by an accused charged with rape and POCSO offences arising from alleged sexual assault of a minor resulting in pregnancy and abortion. Noting contradictions between the victim's statements to police and Magistrate and absence of medical certificate for abortion, the court granted bail with conditions.

What did the court decide?

Enlarged on bail; personal bond of Rs.1,00,000 with one surety, subject to trial court conditions.

Santosh Alias Santosh Kumar Vs the State of… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC-D:9045 CRL.P No. 101680 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL PETITION NO. 101680 OF 2024 (439)

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BETWEEN:

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SANTOSH ALIAS SANTOSH KUMAR, S/O. RAMANJENEYALU, AGE: 22 YEARS, OCC: COOLIE, R/O: 4^TH WARD, 2^ND CROSS, GANDHINAGAR, JABBAL CIRCLE, HOSPETE, VIJAYANAGAR DISTRICT.

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…PETITIONER

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(BY SRI ANOOP G.DESHPANDE AND SRI BASAVARAJ KARADI, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA, THROUGH HOSPETE TOWN POLICE STATION, REPRESENTED BY SPL PUBLIC PROSECUTOR, HIGH COURT OF KARNATKA, DHARWAD-580011.

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CHANDRASHEKAR LAXMAN KATTIMANI

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HIGH COURT OF KARNATAKA

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INFORMANT D/O. GOVIND, AGED ABOUT 19 YEARS, R/O: 4^TH WARD, GANDHINAGARA, HOSPETE TOWN, VIJAYANAGARA DIST-583201.

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SHIVA GOVINDA RAJU ALIAS GOVINDA, S/O. MASTANAPPA, R/O. 4^TH WARD, GANDHINAGARA, HOSPETE TOWN, VIJAYANAGARA DIST-583201.

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…RESPONDENTS

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(BY SMT.KIRTILATA R.PATIL, HCGP FOR R1 SRI SADANAND M.K., ADVOCATE FOR R2 & R3)

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NC: 2024:KHC-D:9045 CRL.P No. 101680 of 2024

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND BE PLEASED TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.121/2023 OF HOSAPETE TOWN P.S. IN SPL.C.NO.928/2023 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (RAPE AND POCSO CASES), FOR THE OFFENCES PUNISHABLE U/S 363, 376 (2) (i) (n), 376(2) (j), 376(3), 504, 506, 509 OF IPC AND SECTION 4(2), 6 OF POCSO ACT, 2012.

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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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Heard Sri Anoop G.Deshpande, learned counsel for the petitioner, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1/State and Sri Sadanand M.K., learned counsel for respondents No.2 and 3.

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The petitioner herein is the accused in Crime No.121/2023 wherein the respondent/police have registered a case against the petitioner for the offences u/sec.363, 376(2)(i)(n), 376(2)(J), 376(3), 504, 506, 509 of I.P.C. and Section 4(2), 6 of the POCSO Act, 2012.

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3. Brief facts of the case are as under:

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It is the case of the prosecution that a complaint came to be registered by the victim stating that she was studying in High School during 2018 and 2020. She had one friend namely Nagalaxmi, she was her classmate. She used to go to her

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3 - NC: 2024:KHC-D:9045 CRL.P No. 101680 of 2024

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house often. During the said visit, she stated to have met Santosh who is the petitioner herein and the brother of said Nagalaxmi. They started developing intimacy with each other and she was going along with him wherever he called. One day, he called her to have juice, she went there and drunk juice along with him and thereafter, she slept because of some intoxication. After regaining the consciousness, she learnt that she had been subjected to sexual assault.

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After some time, she learnt that, she became pregnant and she informed the same to the petitioner herein. The petitioner after hearing the same, insulted her, assaulted her and also kicked on her stomach. Consequently, she sustained stomachache and she took some tablets and thereafter she got aborted.

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The victim was informed that she should forget about all the past things and thereafter the petitioner was trying to avoid her in one or the other pretext. Being aggrieved by the desertion, she kept quiet in her house and also suffering from loneliness. Such being the fact, on 10.09.2023, again the petitioner was following her and insisting her to have relationship with him.

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4 - NC: 2024:KHC-D:9045 CRL.P No. 101680 of 2024

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Being aggrieved by the same, she lodged a complaint before the jurisdictional police. The jurisdictional police have registered a case in Crime No.121/2024 for the offences stated supra.

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It is the submission of the learned counsel for the petitioner that the entire averments of the complaint are baseless and false. The petitioner never committed any heinous offences as stated in the complaint. There are no materials to show either in the charge sheet or in the complaint that the petitioner had committed sexual assault. Mere statement of the victim is not sufficient to opine that the accused/petitioner committed sexual assault. In the present case, except the statement of the victim, no other documents has been produced to substantiate the relationship. Therefore, he may be enlarged on bail by considering the facts and circumstances of the case. Making such submission, the learned counsel for the petitioner prays to allow the petition.

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Per contra, the learned High Court Government

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Pleader vehemently opposed the bail petition and submitted that the petitioner induced the minor girl and took her to the

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5 - NC: 2024:KHC-D:9045 CRL.P No. 101680 of 2024

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different places and made her to drink some intoxicating juice. After drinking the juice, she became unconscious, at that time, the petitioner committed sexual assault. Consequently, she became pregnant and subsequently she got aborted. Since he has committed heinous offence against minor girl, he is not entitled for bail.

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The learned counsel for respondents No.2 and 3 adopted the arguments of learned HCGP and further submitted that the history of the victim given before the doctor would indicate that there was an abortion taken place to her. The opinion of the doctor is very clear that she has been subjected to sexual assault. Therefore, it is not appropriate to grant him bail as he has committed offence against minor girl.

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, complaint etc., it appears from the records that the victim has been subjected to rape by the petitioner and also she got aborted subsequently at his instance. However, no medical certificate produced to indicate that she had been undergoing abortion. It is further noticed that the statement of the victim

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made before the police and the Magistrate are entirely different and it has some contradictions relating to the said alleged offence. Without adverting to the merit of the case, it is appropriate to consider the bail application after having considered inconsistency between the statements of the victim and also non-production of the medical certificate for abortion. Hence, I proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in Crime No.121/2023 of Hosapete Town Police Station on executing a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:

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a) The petitioner shall appear before the Trial Court regularly without fail.

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b) The petitioner shall not threaten the prosecution witnesses nor hamper the proceedings of the Court.

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c) The petitioner shall co-operate with the investigation as and when it is required.

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7 - NC: 2024:KHC-D:9045 CRL.P No. 101680 of 2024

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In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.

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Sd/JUDGE

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CLK CT:ANB List No.: 1 Sl No.: 7

Santosh Alias Santosh Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Santosh Alias Santosh Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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