Allowed

Sri. Venkataraju v. State by Dibburahalli Ps

Karnataka HC14 Nov 2024CRL.P/7189/2024

Case brief

AI extract

What is this about?

Regular bail sought under Section 439 CrPC in a POCSO and IPC rape case. Court noted the petitioner's long incarceration since January 2023, that only one witness was partially examined despite 19 cited, and the victim's repeated absence for cross-examination. Bail was allowed with conditions.

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs.1,00,000 with two sureties, subject to conditions of regular appearance, no tampering with witnesses, and no leaving trial court jurisdiction.

Sri. Venkataraju Vs State by Dibburahalli Ps — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^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. 7189 OF 2024

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BETWEEN:

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SRI. VENKATARAJU S/O VENKATARAVANAPPA, AGED ABOUT 29 YEARS, R/AT THOKALAHALLI VILLAGE, SHIDLAGHATTA TALUK, AND CHIKKABALLAPUR DISTRICT-562105

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…PETITIONER

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(BY SRI. RAGHAVENDRA P H., ADVOCATE)

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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AND:

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STATE BY DIBBURAHALLI PS CHIKKABALLAPURA DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 2. XXX

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…RESPONDENTS

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(BY SRI. M.DIWAKAR MADDUR, HCGP FOR R1 NOTICE TO R2 H/S V/O DTD.15/10/2024)

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2 - NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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THIS CRL.P IS FILED U/S 439 CR.P.C., PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER ON BAIL IN CR.NO.02/2023 OF DIBBURAHALLI POLICE STATION AND SAME WAS REGISTERED AS SPL.S.C.NO.24/2023 FOR THE OFFENCE P/US/ 376(2)(n), 506 OF IPC, SEC. 6, 8, 12 OF POSCO ACT, 2012, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSION COURT AND FAST TRACK SPECIAL COURT-I (POCSO) AT CHIKKABALLAPURA AND ETC.

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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 in Spl.S.C.No.24/2023 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.02/2023 registered by Dibburahalli Police Station, Shidlaghatta Circle, Chikkaballapuar, for the offences punishable under Sections 376(2)(n) & 506 of IPC and Sections 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO 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 High Court Government Pleader for the respondent

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NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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No.1-State. Respondent No.2 who is served has remained unrepresented before this Court.

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FIR in Crime No.2/2023 was registered by Dibburahalli Police Station, Chikkaballapura, against the petitioner herein initially on the basis of first information dated 04.01.2023 received from the victim girl aged about 16 years, who is the daughter of respondent No.2 herein. During the course of investigation of the case, the petitioner herein was arrested on 05.01.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences.

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The bail application filed by the petitioner before

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the Trial Court in Crl.Misc.No.269/2023 was rejected on 30.06.2023. Therefore, the petitioner is before this Court.

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Learned counsel for the petitioner submits that petitioner is youngster, aged about 25 years, having no criminal antecedents and he is in custody from 05.01.2023 onwards. The victim girl has been already examined before the trial Court as PW.1 and the case is at the stage

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4 - NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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of further cross-examination of PW.1. For the last three dates of hearing, continuously the victim girl has remained absent. There is no progress in the trial. The victim had earlier filed a POCSO case against another close relative of her's and therefore, initiation of a false criminal case for extraneous reasons and consideration cannot be overruled. Accordingly, he prays to allow the petition.

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Per contra, learned High Court Government Pleader has opposed the petition and submits that the victim is a minor and the petitioner is her close relative. The victim girl has supported the case of the prosecution in her statement recorded under Section 164 of Cr.P.C. The petitioner had taken advantage of his relationship with minor girl and has committed the heinous offence and in the event he is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, prays to dismiss the petition.

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Perusal of the material available before this Court would go to show that the petitioner is a close relative of

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5 - NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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the step mother of the victim girl. The victim girl in her first information has alleged that the petitioner had taken the victim girl and her brother to his house and they stayed in the house of the petitioner from 26.12.2023 till 31.12.2023. After the victim returned to her village, the victim has approached the police on 04.01.2023 with an allegation that, when she stayed with the petitioner in his house, he had committed penetrative sexual assault on her against her wish and he allegedly also had threatened her with dire consequences in case she reveals the act committed by him to anybody.

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The material on record would go show that prior to filing the present criminal case against the petitioner, the victim girl had initiated another criminal proceedings against her relative with similar allegations. The victim girl has stated in her statement recorded before the jurisdictional Magistrate under Section 164 of Cr.P.C., and also during the course of the deposition before the trial Court as PW.1, that in the house of the petitioner there

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NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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were other 4 to 5 persons residing and the younger brother of the victim girl also had accompanied her to the

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house of the petitioner. The alleged incident is said to have taken place in a house in which there were other inmates. The victim girl has been cross-examined partially on behalf of the petitioner. The victim girl has not appeared before the trial Court for further crossexamination on the last three dates of hearing. The petitioner is a youngster and is in custody from 05.01.2023. The prosecution in all has cited 19 charge

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sheet witnesses in the present case. Till today, only one charge sheet witness has been partially examined. Considering the aforesaid aspects of the matter and also

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the period of incarceration of the petitioner in judicial custody, I am of the view that without expressing any opinion on the merit and demerit of the case, the petitioner's prayer for grant of regular bail needs to be answered affirmatively.

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Accordingly, the following:

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ORDER

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NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in Spl.S.C.No.24/2023 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.02/2023 registered by Dibburahalli Police Station, Shidlaghatta Circle, Chikkaballapuar, for the offences punishable under Sections 376(2)(n) & 506 of IPC and Sections 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:

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a) Petitioner shall execute a 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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NC: 2024:KHC:46184 CRL.P No. 7189 of 2024

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d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is

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disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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DL CT: JL

Sri. Venkataraju v. State by Dibburahalli Ps

Case brief

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Sri. Venkataraju v. State by Dibburahalli Ps

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