Dismissed

Mr Vinay Alias Vinay Kumar v. the State of Karnataka

Karnataka HC7 Nov 2024CRL.P/8335/2024

Case brief

AI extract

What is this about?

Regular bail sought by accused no.3 in a case alleging drugging and sexual assault on two minor schoolgirls. The court found the allegations graver than against co-accused whose bail was dismissed as not pressed, and refused bail while directing the trial court to expedite trial.

What the court decided

AI extract

Mr Vinay Alias Vinay Kumar Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:45140 CRL.P No. 8335 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^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. 8335 OF 2024

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BETWEEN:

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MR VINAY ALIAS VINAY KUMAR S/O GANGADHARSWAMY AGED ABOUT 35 YEARS R/AT 2ND CROSS, SORABA ROAD, ANAVATTI, SORAB TALUK, SHIMOGA DISTRICT 577413

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…PETITIONER

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(BY SRI S.J. CHOUTA, SR. COUNSEL FOR SRI RAGHAVENDRA B. HANJER, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA KADUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001.

…RESPONDENTS

(BY SRI M.R. PATIL, HCGP FOR R-1; VIDE ORDER DTD:18.09.2024 R-2 SERVICE HELD SUFFICIENT VIDE ORDER DTD;22.10.2024 R-3 & R-4 ARE SERVED HELD SUFFICIENT)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PRESENT PETITION AND THEREBY DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL

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NC: 2024:KHC:45140 CRL.P No. 8335 of 2024

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FOR THE OFFENCE P/US/ 506,120B,342,114,366(A).370(1),370(3) R/W 34 OF IPC AND SEC.4,6 OF POCSO ACT AND SEC.3(2)(va),3(1)(w)(i)(ii),3(2)(v)IN SPECIAL CASE (P) NO.1/2024 AND CONSEQUENTLY, SET ASIDE THE ORDER DATED 25.04.2024 PASSED IN SPECIAL CASE (P) NO.1/2024 PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC I CHIKKAMAGALURU U/S.439 OF CRPC IN CRIME NO.301/2023 (PRODUCED AS DOCUMENT NO.3) IN THE INTEREST OF JUSTICE AND EQUITY.

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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 no.3 in Special Case (P) No.1/2024 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Chikkamagaluru, arising out of Crime No.301/2023 registered by Kadur Police Station, Chikkamagaluru District, for the offences punishable under Sections 506, 120B, 342, 114, 366A, 370(1), 370(3) read with 34 IPC, Sections 4 & 6 of the POCSO Act, and Sections 3(2)(va), 3(1)(w)(i)(ii), 3(2)(v) of the SC & ST (Prevention of Attrocities) Act, is before this Court under Section 439 Cr.PC.

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Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent nos.2 to 4 who are served in the matter have remained unrepresented before this Court.

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3 - NC: 2024:KHC:45140 CRL.P No. 8335 of 2024

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FIR in Crime No.301/2023 was registered by Kadur Police Station, Chikkamagaluru District, for the offences punishable under Sections 366, 366A, 328, 376(3), 342, 506, 114, 120B, 34 IPC, and Sections 4, 6, 17, 18, 19 of the POCSO Act, against Chandana and two others on the basis of the first information dated 07.11.2023 received from respondent no.2 herein who is the Principal of the School in which the victim girls aged about 14 years were studying. During the course of investigation of the case, petitioner was arrested on 09.11.2023. Investigation in the case is completed and charge sheet has been filed against three persons. Petitioner is arrayed as accused no.3 in the charge sheet. Bail application filed by the before the Trial Court in Special Case (P) No.1/2024 was rejected on 25.04.2024. Therefore, he is before this Court.

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Learned Senior Counsel appearing for the petitioner submits that petitioner is a person without any criminal antecedents. His name was not found in the FIR. The victim girl and other material witnesses have been already examined before the Trial Court. There are certain serious discrepancies in the evidence of these witnesses. The medical examination

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report of the victim girls do not support the allegation found against the petitioner in the charge sheet. Since material charge sheet witnesses have been already examined, there cannot be any apprehension of tampering of the witnesses. The prosecution has cited 75 charge sheet witnesses in the present case and the petitioner is in custody for nearly one year. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has seriously opposed the petition. He submits that petitioner has committed a heinous offence against two minor girls aged about 14 years, with the help of accused nos.1 & 2. The victim girls have supported the case of the prosecution in their statement recorded under Section 164 Cr.PC and also during the course of their evidence before the Trial Court. Even though the said witnesses were cross-examined at length, nothing material has been elicited from their mouth so as to disbelieve their version. Crl.P.No.6673/2024 filed by accused no.2 was dismissed by this Court as not pressed with a direction to the Trial Court to dispose of the main case expeditiously. He submits that within an outer limit of six months, the trial before the court is likely to be concluded. Accordingly, he prays to dismiss the petition.

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5 - NC: 2024:KHC:45140 CRL.P No. 8335 of 2024

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The first information dated 07.11.2023 was submitted by respondent no.2 who is the Principal of Morarji Desai Residential School, Kuppalu of Kadur Taluk, on the basis of the information received by her from the victim girls. In the first information, it is averred that on instructions from the Deputy Director of Backward Classes Welfare Department who had received a complaint about misusing of minor girls on the pretext of their medical examination, he had held an inquiry and during the course of the said inquiry, the victim girls who were studying in eighth standard, had informed the first informant that accused nos.1 & 2 had contacted their father and informed him that the victim girls were required to write certain examinations which would help them in their future education and asked them to send the girls to the house of accused no.1. Accordingly, the victim girls were left in the house of accused no.1 who had given them coffee to drink. After drinking the coffee, the victim girls had lost their consciousness. While one of the victim girls was sleeping inside the room, a person who came there tried to have sexual intercourse with her. When the said victim girl informed him that she was having her periods, he allegedly shouted at her

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and also at accused no.1 and after misbehaving with them, he had left. The other victim girl had stated that on the day she had visited the house of accused no.1, after drinking coffee, she had slept in the house of accused no.1. The next day when she got up, she had body pain and she also started vomiting. Based on the first information submitted by respondent no.2, FIR was initially registered against accused nos.1 & 2 and another.

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During the course of investigation, petitioner was arrested on 09.11.2023 and in the charge sheet filed after completion of the investigation, he has been arrayed as accused no.3. In the charge sheet, it is alleged that petitioner had illicit relationship with accused no.1 who was working as a nurse in Primary Health Centre at Kuppalu of Kadur Taluk and was also visiting the residential school in which the victim girls were studying, for providing medical service. At the instance of accused no.1, accused no.2 had informed the parents of the victim girls to send the victim girls to the house of accused no.1 for the purpose of writing certain examinations. Accordingly, the victim girls - CWs-2 & 3 were sent to the house of accused no.1 and accused no.1 had given coffee to the victim girls

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NC: 2024:KHC:45140 CRL.P No. 8335 of 2024

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mixing certain tablet known as pheneiramine maleate and after consuming the coffee, the victim girls had lost their consciousness. The petitioner, allegedly, had sexually assaulted the victim girls after they had lost consciousness. Petitioner, allegedly, had also paid a sum of Rs.1,70,000/- to accused no.1 for providing the victim girls and inturn accused no.1 had paid certain amount to accused no.2 who had misguided the victim girls and her parents and had sent the victim girls to the house of accused no.1.

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The victim girls have made serious allegations against the petitioner in their statement recorded under Section 164 Cr.PC before the jurisdictional Magistrate and also in their deposition before the Trial Court during the course of evidence. The transaction of money between the accused is supported by the bank statements which is part of the charge sheet.

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Bail application filed by accused no.2 in

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Crl.P.No.6673/2024 was dismissed as not pressed with a direction to the Trial Court to dispose of the main case on merits expeditiously. Learned HCGP has submitted that material charge sheet witnesses have been already examined

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and for examination of the remaining charge sheet witnesses, out of which, many of them are likely to be dropped, an outer limit of six months of time would be sufficient.

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The allegation against the petitioner compared to accused no.2 is much more serious. Accused no.2 is in custody and his petition is dismissed as not pressed with a direction to the Trial Court to dispose of the main case expeditiously. Considering the seriousness of the allegations found as against the petitioner and the gravity of offences committed on the two minor girls who are studying in eighth standard, I am of the opinion that petitioner's prayer for grant of regular bail cannot be granted. Accordingly, the following order:

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Petition is dismissed. Considering the period of incarceration of the petitioner, the Trial Court is requrested to expedite the trial and dispose of the main case, as expeditiously as possible.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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Mr Vinay Alias Vinay Kumar v. the State of Karnataka

Case brief

What is this about?

What the court decided

Mr Vinay Alias Vinay Kumar v. the State of Karnataka

Case brief

What is this about?

What the court decided

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