Allowed

Dharshan S/O Late Venkatesha v. State of Karnataka

Karnataka HC3 Jul 2024CRL.P/1963/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 Cr.P.C. sought by a 19-year-old sole accused charged under IPC Sections 363, 366A, 376, Section 6 POCSO and Section 9 Prohibition of Child Marriage Act. The victim's Section 164 statement disclosed no sexual assault; no criminal antecedents were alleged. Bail granted with conditions.

What did the court decide?

Petitioner enlarged on bail on bond of Rs.2,00,000 with two like-sum sureties, subject to conditions including no tampering with witnesses.

Dharshan S/O Late Venkatesha Vs State of… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:24899 CRL.P No. 1963 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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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 MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 1963 OF 2024

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BETWEEN:

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DHARSHAN S/O LATE VENKATESHA, AGED ABOUT 19 YEARS, R/AT 3^rd CROSS, MAIN ROAD, JAIPUR, TUMAKURU - 572 101.

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…PETITIONER

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(BY SRI. G.M. SHARATH KUMAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY HASSAN WOMEN POLICE, REPRESENTED BY SPP, HIGH COURT CAMPUS, BANGALORE - 560 001.

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NAGARATHNA W/O LATE JAGADEESHA, AGED ABOUT 36 YEARS, R/AT MANDIGANAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK TUMAKURU DISTRICT - 573 219.

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…RESPONDENTS

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Digitally signed by YAMUNA K L

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Location: High Court of Karnataka

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(BY SRI. RAHUL RAI K, HCGP FOR R1; R2 - SERVED)

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ALLOW THIS BAIL APPLICATION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.554/2023 ARISING OUT CR.NO.81/2023 REGISTERED WITH RESPONDENT HASSAN WOMEN POLICE STATION FOR AN ALLEGED OFFENCE P/U/S 363, 366(A), 376 OF IPC, SEC. 6 OF POCSO ACT AND SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT, PENDING ON THE FILES OF HONBLE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-1), AT HASSAN, IN WHICH THIS PETITIONER IS ARRAYED AS ACCUSED.

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

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NC: 2024:KHC:24899 CRL.P No. 1963 of 2024

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ORDER

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The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No. 81/2023 of Hassan Women Police Station, pending in Spl.C.No.554/2023 on the file of the learned Addl. District and Sessions Judge, FTSC-1, Hassan, registered for the offences punishable under Sections 363, 366(A) and 376 of the Indian Penal Code (for short 'IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO') and Section 9 of Prohibition of Child Marriage Act, on the basis of the first information lodged by the informant Smt. Nagarathna.

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Heard Sri. G.M.Sharath Kumar, learned counsel for the petitioner and Sri. Rahul Rai K, learned High Court Government Pleader for respondent No.1-State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

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NC: 2024:KHC:24899 CRL.P No. 1963 of 2024

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My answer to the above point is in ‘Affirmative’ for the following:

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R E A S O N S

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The petitioner being the sole accused is seeking grant of bail. He was apprehended on 03.08.2023 and since then, he is in judicial custody. The mother of the victim lodged first information stating that the victim is aged about 16 years and she was missing from the house from 30.07.2023. During investigation, the victim was rescued and the petitioner was apprehended. Now the charge sheet is filed.

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It is the contention of the prosecution that the petitioner and the victim who were in love with one another, left the house and thereafter, indulged in physical relationship. The statement of the victim was recorded under Section 164 of Cr.P.C., wherein, the victim has not stated anything about the commission of sexual assault by the petitioner. Prima-facie it is a case of deponent. The petitioner is hardly 19 years old. His detention in custody may bring him in contact with hardcore criminals, which will not be in the best interest of the petitioner. It is not the contentions of the prosecution that the

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NC: 2024:KHC:24899 CRL.P No. 1963 of 2024

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petitioner is having any criminal antecedents. Under these circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution.

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Accordingly, I answer the above point in the affirmative and 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

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No. 81/2023 of Hassan women Police Station in Spl.C.No.554/2023 on the file of the learned Addl. District and Sessions Judge, FTSC-1, Hassan, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

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a). The petitioner shall not commit similar offences.

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b). The petitioner shall not threaten or tamper with the prosecution witnesses.

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c). The petitioner shall appear before the Court as and when required.

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NC: 2024:KHC:24899 CRL.P No. 1963 of 2024

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If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.

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On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.

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Sd/JUDGE

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JS List No.: 1 Sl No.: 6 CT: BHK

Dharshan S/O Late Venkatesha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Dharshan S/O Late Venkatesha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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