Allowed

Naveen a v. State of Karnataka by

Karnataka HC26 Nov 2024CRL.P/6019/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC to accused No.1 charged under IPC, POCSO Act and Prohibition of Child Marriage Act for allegedly sexually assaulting a minor girl over four years and marrying her. Noting his age, lack of antecedents, eleven months' custody, 36 witnesses and uncommenced trial, bail granted with conditions.

What did the court decide?

Petitioner enlarged on bail subject to personal bond Rs.1,00,000 with two sureties and conditions on appearance, non-tampering, and not leaving trial court jurisdiction.

Naveen a Vs State of Karnataka by — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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1 - NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6019 OF 2024

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BETWEEN:

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NAVEEN A, S/O ANJAPPA, AGED ABOUT 21 YEARS, R/AT THIRUMANI VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMKURU DISTRICT - 572 136.

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…PETITIONER

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(BY SRI. RAVI H K., ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High Court of Karnataka

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STATE OF KARNATAKA BY SHO, THIRUMANI P S TUMAKURU.

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REP BY SPP, HIGH COURT BUILDINGS, BENGALURU - 560 001.

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XXX XXX,

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…RESPONDENTS

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(BY SRI.DIWAKAR MADDUR., HCGP FOR R-1; NOTICE TO R-2 IS HELD SUFFICIENT, VIDE ORDER DATED 26.11.2024.)

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2 - NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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THIS CRL.P IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.5/2024 AND SPL.C.NO.237/2024 FOR THE OFFENCE P/U/S 363, 376(2)(n), 324, 342, 506, 201 OF IPC, SEC. 6 OF POCSO ACT AND SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT REGISTERED BY THE RESPONDENT POLICE/THIRUMANI P.S., TUMAKURU NOW PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSCI, TUMAKURU.

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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 No.1 in SPL.C.No.237/2024 pending before

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the Court of Additional District and Sessions Judge FTSC-I Thumskuru, arising out of Crime No.05/2024 registered by Thirumani Police Station, Tumakuru District for the offences punishable under Sections 376(2)(n), 324, 342, 506, 201 of IPC, Section 6 of the of Protection of Children from sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act 2006, is before this Court under Section 439 of Cr.PC 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

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3 - NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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though served in this matter, has remained unrepresented before this Court.

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F.I.R. in Crime No.05/2024 was registered by

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Thirumani Police Station, Tumakuru District against the petitioner herein for the offences punishable under Sections 376(2)(i)(n), 324, 506, 342, 149 of IPC, Sections 4 & 6 of POCSO Act, 2012, Sections 9, 10 of the Prohibition Child Marriage Act, 2006 and Section 67 of Information Technology Act, 2008 on the basis of the first information dated 03.02.2024 received from victim girl aged about 17 years.

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During the course of investigation of the case, petitioner herein was arrested on 04.02.2024 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.810/2024 was rejected on 30.05.2024. Therefore, he is before this Court.

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NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner is a youngster aged about 21 years having no criminal antecedents. He is in custody for the last more than eleven months. The material on record would go to show that the petitioner and the victim girl were in love. Trial in the case is yet to commence. Accordingly, he prays to allow this petition.

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Per contra, learned HCGP has opposed the petition. He submits that victim girl has made serious allegation against the petitioner. She is a minor and therefore alleged offences get attracted against the petitioner. Accordingly, he prays to dismiss this petition.

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FIR in Crime No.05/2024 was registered by Thirumani Police Station, Tumakuru District against the petitioner and his family member on the basis of the statement of the victim girl aged about 17 years that was recorded by the Thirumani Police on 03.02.2024. Perusal of the same would go to show that victim girl was studying

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5 - NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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in first year PUC and she was aged about 17 years. She has stated that she got acquainted with the petitioner when she was studying in 8^th Standard. Allegation against the petitioner is that when the victim girl who was studying in 8^th Standard had gone to attend dance class, petitioner had taken her photos when she was changing

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her dress, and thereafter, he was threatening and blackmailing her. Victim has alleged that ever since then petitioner has been sexually assaulting her.

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Perusal of the averments in the first information

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would go to show that the petitioner allegedly had sexual intercourse with the victim when she was studying 8^th standard and the same continued for nearly a period of four years. When the victim girl was studying in first year PUC, she had left her house and gone with the petitioner and got married. According to the victim girl even petitioner's mother and other relatives were present at the time of marriage. Thereafter, she had stayed along with the petitioner and subsequently her parents had come to

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6 - NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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the place were the petitioner and the victim girl were living and had brought her back to their house on 01.02.2024. Statement of the victim girl was recorded on 03.02.2024 and based on the same FIR has been registered against the petitioner. Victim girl was subjected to medical examination and in the medical examination report the Doctor has mentioned that on the right hand of the victim girl Tatoo in the name of the petitioner was found and on the left thigh of the victim girl also name of the petitioner was written. Over all appreciation of the material would go to show that the victim girl and the petitioner were known to each other for the last nearly four years and ever since their acquaintance, they had sexual intercourse. The victim had not informed the same to anybody at any point of time. Only after her marriage with the petitioner was performed and when she was staying with him in his place after her parents came to the said house and brought her back, she has made the allegations now found against the petitioner. Petitioner aged about 21 years who has no criminal antecedents is in custody for the last eleven

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7 - NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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months. Prosecution in the present case has cited totally 36 charge sheet witnesses and the trial in the case is yet to commence. Considering the aforesaid aspects of the matter I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in SPL.C.No.237/2024 pending before the Court of Additional District and Sessions Judge FTSC-I Thumskuru, arising out of Crime No.05/2024 registered by Thirumani Police Station, Tumakuru District for the offences punishable under Sections 376(2)(n), 324, 342, 506, 201 of IPC, Section 6 of the of Protection of Children from sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act 2006, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One

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NC: 2024:KHC:48462 CRL.P No. 6019 of 2024

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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/-

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(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 31

Naveen a v. State of Karnataka by

Case brief

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Naveen a v. State of Karnataka by

Case brief

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