Allowed

Mr Ravikumar v. State of Karnataka

Karnataka HC11 Nov 2024CRL.P/10542/2024

Case brief

AI extract

What is this about?

Regular bail sought by accused aged about 22 years in a POCSO, IPC Sections 363 and 376 and child marriage case arising out of an alleged elopement. The victim's medical examination showed no injuries and her statements indicated she was in love and went willingly. Investigation complete; bail allowed with conditions.

What did the court decide?

Petitioner enlarged on bail in SPl.C.No.130/2024 on personal bond of Rs.1,00,000/- with two sureties, subject to conditions including regular appearance and no tampering with witnesses.

Mr Ravikumar Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:45394 CRL.P No. 10542 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 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. 10542 OF 2024

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BETWEEN:

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MR.RAVIKUMAR SON OF MAHADEVAIAH AGED ABOUT 22 YEARS R/ AT. PADARAHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159

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…PETITIONER

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(BY SRI. ROHITH B.J., ADVOCATE FOR SRI. SRIRAM M., ADVOCATE) AND:

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STATE OF KARNATAKA BY

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RAMANAGARA WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BULILDING BANGALORE - 560 001

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XXXX

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Digitally signed by REKHA R

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Location: High Court of Karnataka

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(BY SRI. M. DIWAKAR MADDUR, HCGP FOR R1 NOTICE TO R2 IS HELD SUFICIENT VIDE ORDER DATED 11.11.2024)

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…RESPONDENTS

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.77/2024 OF RAMANAGARA WOMEN P.S. IN(SPL.C.C.NO.130/2024) FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 363, 376(2)(n), 376(3) OF IPC AND SECTIONS 4(2) AND 6 OF THE POCSO ACT AND SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT PENDING ON THE FILE OF HON'BLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA.

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NC: 2024:KHC:45394 CRL.P No. 10542 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in SPl.C.No.130/2024 pending before the Court of I Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.77/2024 registered by Ramanagara Women Police Station, Ramanagar, for the offences punishable under Sections 363, 376(2)(n) & 376(3) of IPC, Sections 4(2) & 6 of Protection of Children from sexual Offences Act, 2012, ( for short, 'POCSO Act') and Section 9 of Child Marriage Restraint Act, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the petitioner and

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learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court.

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3 - NC: 2024:KHC:45394 CRL.P No. 10542 of 2024

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F.I.R. in Crime No.77/2024 was registered by Ramanagara Women Police Station, Ramanagar, against the petitioner herein initially for the offences punishable under Sections 363 of IPC, on the basis of first information dated 11.06.2024 received from respondent No.2 herein who is the father of the victim girl. During the course of the investigation petitioner herein and the victim were traced together. The petitioner herein was arrested in case on 20.06.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offence.

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Bail application filed by the petitioner before the jurisdictional sessions Court in Crl.Misc.No.758/2024 was rejected on 13.09.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a youngster, aged about 22 years and he has no criminal antecedents. Material on record would go to

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4 - NC: 2024:KHC:45394 CRL.P No. 10542 of 2024

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show that petitioner and the victim girl were in love. The victim girl had voluntarily accompanied the petitioner and had stayed with him till they were traced and brought back by the police. Investigation in the case is completed and accordingly he prays to allow the petition.

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Per contra, learned HCGP has opposed the bail petition and he submits that the victim girl is a minor and she had stated that the petitioner had sexual intercourse with her, therefore alleged offences get attracted against the accused. He accordingly prays to dismiss the petition.

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First information was submitted by respondent No.2 who is the father of the victim girl, after the victim girl who had gone to school on 10.06.2024, had not returned home. Efforts made by respondent No.2 to trace her had failed and therefore, on the next day, he had approached the police. Since the first informant had suspected the hand of the petitioner, FIR was initially registered against the petitioner. During the course of investigation petitioner herein and the victim girl were

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5 - NC: 2024:KHC:45394 CRL.P No. 10542 of 2024

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traced together. The petitioner herein was arrested on 20.06.2024 and remanded to judicial custody. The victim was subjected to medical examination on 20.06.2024. Before the Doctor who has medically examined the victim girl, she has stated that she was in love with the petitioner and they got married at Male Mahadeshwara Betta on 10.06.2024. After that they stayed in the petitioner's uncle's house at Mandya for three days and had sexual intercourse.

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Medical examination of the victim girl would go

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to show that she had not suffered any external injury on any parts of her body including the Genitals. Statement of the victim girl under Section 164 of Cr.P.C was recorded before the Jurisdiction Magistrate on 24.06.2024. The victim has stated that she was in love with the petitioner and after coming to know about the same, her father had abused her and had her parents intended to perform her marriage with another boy. Therefore, she had left the house and gone along with the petitioner and got married

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at Mahadevshwara Betta on 10.06.2024, subsequently, they stayed together in petitioner's uncle's house for three days. Thereafter they had gone to the petitioner's friend's house and stayed together. She has stated that she had gone along with the petitioner to meet an Advocate and police came there and brought back to them to their village.

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Undisputedly, petitioner has no criminal

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antecedents and he, is aged about 22 years. His continued detention is likely to have adverse impact on his future prospects and career. Allegation as against the petitioner is required to be proved in the full-pledged trial. Investigation in the case is completed. 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 affirmatively.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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NC: 2024:KHC:45394 CRL.P No. 10542 of 2024

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The petitioner is directed to be enlarged on bail in SPl.C.No.130/2024 pending before the Court of I Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.77/2024 registered by Ramanagara Women Police Station, Ramanagar, for the offences punishable under Sections 363, 376(2)(n) & 376(3) of IPC, Sections 4(2) & 6 of Protection of Children from sexual Offences Act, 2012, and Section 9 of Child Marriage Restraint Act, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) 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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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) 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/(S VISHWAJITH SHETTY)

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JUDGE

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ASN List No.: 1 Sl No.: 42

Mr Ravikumar v. State of Karnataka

Case brief

What is this about?

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Mr Ravikumar v. State of Karnataka

Case brief

What is this about?

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