Allowed

Smt Venkatalakshmamma v. State of Karnataka by

Karnataka HC29 Jul 2024CRL.P/4909/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 439 Cr.P.C. for bail to two petitioners, aged 57 and 53, charged with abetting sexual assault and kidnapping under IPC and POCSO. The court held that their age and lack of criminal antecedents justified granting bail.

What did the court decide?

Enlargement of petitioners on bail subject to personal bond with sureties and various standard conditions.

Smt Venkatalakshmamma Vs State of Karnataka by — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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1 - NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4909 OF 2024

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BETWEEN:

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SMT. VENKATALAKSHMAMMA S/O LATE. DASAPPA, AGED ABOUT 57 YEARS, R/AT KOTAGAL VILLAGE, SADALI HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 104.

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SRI NARAYANAPPA S/O MUNIYAPPA AGED ABOUT 53 YEARS, R/AT GONARA PALLI, CHELURU HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT - 562 104.

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…PETITIONERS

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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(BY SRI. MANJUNATHA A C., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY DIBBURAHALLI POLICE STATION, DIBBURAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 105.

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REP BY S.P.P, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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SMT. MEENAKSHI W/O LATE. SHANKARAPPA, AGED ABOUT 36 YEARS, R/AT GANGAMANAGENAHALLI VILLAGE, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT - 521 301.

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…RESPONDENTS

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(BY SRI. K. NAGESHWARAPPA., HCGP FOR R1; R2 - SERVED BUT UNREPRESENTED)

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THIS CRL.P IS FILED U/S 439 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN THE CR.NO.156/2023 REGISTERED IN DIBGURAHALLI POLICE STATION, CHICKBALLAPURA DISTRICT, FOR THE OFFENCE P/U/S 114, 344, 376(2)(n), 506 OF IPC AND U/S 5(n), 6, 8 OF THE POCSO ACT, PENDING ON THE FILE OF ADDL. SESSIONS JUDGE, FAST TRACK SPECIAL COURT-I (POCSO) AT CHIKKABALLAPURA, VIDE ANNEXURE-C.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused Nos.2 and 3 are before this Court under

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Section 439 of Cr.P.C with a prayer to enlarge them on bail in Spl.S.C.No.155/2023 pending before the Court of Additional District and Sessions Court FTSC-1,

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3 - NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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Chikkaballapur, arising out of Crime No.156/2023 registered by Dibburahalli Police Station, Chikkaballapur District, for the offences punishable under Sections 114, 344, 376(2)(n), 506 of IPC and under Sections 5(n), 6 and 8 of the Protection of Children from Sexual Offences Act, 2012, (in short 'POCSO Act').

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Heard the learned counsel for the petitioners and the learned HCGP for respondent No.1. Respondent No.2, though served is not represented before this Court.

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FIR in Crime No.156/2023 was registered by Dibburahalli Police Station, Cikkaballapur District, for the offences punishable under Sections 114, 344, 376(2)(n), 506 of IPC and under Sections 5(n), 6 and 8 of POCSO against Lakshmi Narayana-accused No.1 and the petitioners herein, on the basis of the first information dated 18.10.2023 received from the victim girl who is the daughter of respondent No.2 herein.

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4 - NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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During the course of the investigation, petitioners herein were arrested on 28.10.2023. Investigation in the case has been completed and chargesheet has been filed against the accused for the aforesaid offences. Petitioners herein are arrayed as accused Nos.2 and 3 in the chargesheet. Bail application filed by the petitioners before the Jurisdictional Sessions Court in Crl.Misc.No.61/2024 was rejected on 28.02.2024. Therefore, they are before this Court.

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Learned counsel for the petitioners submits that the allegation of committing sexual assault on the victim is only as against accused No.1. Petitioners herein are the relatives of the victim girl. Allegation against the petitioners is that they had abetted accused No.1 to commit the offence on the victim girl and also aided him. The petitioners are aged and are agriculturists by avocation. They are in custody from 28.10.2023. Accordingly, he prays to allow this petition.

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5 - NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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Per contra, learned HCGP has opposed the

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petition. He submits that as a result of the sexual assault committed by accused No.1 on the victim, she became pregnant and her pregnancy was terminated. DNA report is positive and accused No.1 is found to be the biological father.

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Allegations against the accused persons in the

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first information as well as in the chargesheet is, that accused Nos.2 and 3 came to the house of the victim girl when she was alone about one year prior to the first information, with the proposal for marriage of victim with accused No.1. Since the victim girl refused the said proposal on the ground that she was a minor and she was not willing to marry accused No.1., accused Nos.2 and 3 allegedly locked her inside the room in her house along with accused No.1 and accused No.1 allegedly committed sexual assault on the victim girl against her wishes. Thereafter, all the accused persons allegedly left the house after criminally intimidating the victim girl. It is stated that

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6 - NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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about eight to ten times the said act was repeated in the house of the victim girl and thereafter, at the request of accused No.2 who is the mother of respondent No.2 and grandmother of the victim girl, the victim girl was sent to the house of accused No.2 in Kotagal village and even there accused No.2 allegedly locked the victim girl inside the room to enable accused No.1 to commit sexual assault on her. Subsequently, respondent No.2 came to know that the victim girl was pregnant, and thereafter, they had approached the police.

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Accused No.2 is the direct grandmother of the

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victim and accused No.3 is from their village. They do not have any criminal antecedents and they are aged about 57 and 53 years, respectively. They are in custody from 28.10.2023. The allegation of sexually assaulting the victim girl is only against accused No.1 who is in custody. Petitioners allegedly aided and abetted accused No.1 to sexual assault on the victim. Under the circumstances, I am of the view that, without expressing any opinion on the

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7 - NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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merits of the case, the prayer made by the petitioners herein requires to be answered affirmatively. Accordingly, the following:

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ORDER

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I. The Criminal Petition is allowed .

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II. The petitioners are directed to be enlarged on bail in Crime No.156/2023 registered by Dibburahalli Police Station, Chikkaballapur District, for the offences punishable under Sections 114, 344, 376(2)(n), 506 of IPC

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and under Sections 5(n), 6 and 8 of the Protection of Children from Sexual Offences Act, 2012, 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) each 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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NC: 2024:KHC:29815 CRL.P No. 4909 of 2024

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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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KVR

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List No.: 1 Sl No.: 48

Smt Venkatalakshmamma v. State of Karnataka by

Case brief

What is this about?

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Smt Venkatalakshmamma v. State of Karnataka by

Case brief

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