Allowed

Shri Manoj v. State of Karnataka

Karnataka HC11 Nov 2024CRL.P/9007/2024

Case brief

AI extract

What is this about?

High Court of Karnataka granted regular bail to the petitioner in a POCSO case where the FIR and Magisterial statement did not mention his name, and alleged police statement suggesting his presence was challenged by defense counsel.

What did the court decide?

Enlarged the petitioner on bail executing a personal bond of Rs. 1,00,000 with two sureties, appearing regularly, and not tampering with witnesses or leaving jurisdiction.

Shri Manoj Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^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. 9007 OF 2024

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BETWEEN:

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SHRI MANOJ S/O BACCHA REDDY AGED ABOUT 25 YEARS R/AT APPE GOWDANA HALLI SIDLAGHATTA TALUK - 562 105 CHIKKBALLAPURA DISTRICT.

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…PETITIONER

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(BY SRI JAGADISH J.R, ADV.)

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AND:

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STATE OF KARNATAKA

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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BY STATION HOUSE OFFICER ALL WOMEN P.S. DISTRICT CHIKKABALLAPUR BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI RAHUL RAI K, HCGP FOR SRI JEENA V CHOUTA, ADV., FOR R-2)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS BAIL PETITION AND ENLARGE THE PETITIOENR ON BAIL IN CR.NO.5/2024 OF THE RESPONDENT CHIKKABALLAPURA WOMEN POLICE STATION, FOR THE OFFENCE P/U/S 114, 324, 504, 366(A), 370(A), 370A(1), 370A(2), 376(3) OF IPC AND SEC. 4(2), 6, 17, 21 OF POCSO ACT, 2012, SEC. 75 OF THE J.J,. (CARE AND PROTECTION OF CHILDREN) ACT, 2015, SEC. 3(1)(W), 3(2)(v) OF

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2 - NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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SC AND ST (POA) AMENDMENT ACT, 2015, SEC. 4, 5 OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956, PENDING BEFORE THE ADDL. SESSIONS JUDGE, FAST TRACK SPECIAL COURT-1 (POCSO) AT CHIKKABALLAPURA, SPL.S.C.(POCSO) NO.63 OF 2024.

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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.6 in S.C.(POCSO)No.63/2024 pending before the Court of Addl. District & Sessions Judge-FTSC1, (POCSOA), Chikkaballapura, arising out of Crime No.5/2024 registered by Chikkaballapura Women Police Station, Chikkaballapura District for the offences punishable under Sections 114, 324, 504, 366(A), 370, 370(A), 370A(1), 370A(2), 376(2)(n), 376(3), 376DA of IPC, Sections 4(2), 6, 17 & 21 of the Protection of Children from Sexual Offences Act, 2012, Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, Section 3(1)(w) & 3(2)(v) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 and Sections 4 and 5 of the Immoral Traffic Prevention Act, 1956 is before this Court seeking regular bail.

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NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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Heard the learned counsel for the petitioner and

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learned counsel appearing for respondent No.1.

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FIR in Crime No.5/2024 was registered by Chikkaballapura Women Police Station, Chikkaballapura District against one Shivakumara and four others, on the basis of first information dated 23.01.2024 received from respondent No.2 herein, who is the aunt of the victim girl. During the course of investigation, the petitioner was arrested on 26.01.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against eight persons. The petitioner herein is arraigned as accused No.6 in the charge sheet.

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The bail application filed by the petitioner before the Sessions Court in Spl.S.C(POCSO).No.63/2024 was dismissed on 31.05.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that

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the petitioner's name is not found in the FIR. There is no

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4 - NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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allegation against the petitioner in the FIR or in the statement of the victim girl that was recorded before the jurisdictional Magistrate under Section 164 of Cr.P.C, On the basis of the statement allegedly made by the victim girl before the Police under Section 161 of Cr.P.C, the petitioner has been arrested. Even if the said allegation is presumed to be true, the offences alleged in the charge sheet does not get attracted against the petitioner. Accordingly, he prays to allow the petition.

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Per contra , learned HCGP for respondent No.1 and learned counsel appearing for respondent No.2 have strongly opposed the petition. They submit that the victim girl is a minor, aged about 14 years and therefore the alleged offences get attracted even against the petitioner. They submit that charge sheet materials are sufficient to connect the petitioner to the crime. Accordingly, they pray to dismiss the petition.

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The first informant, who is the younger sister of the victim girl's mother had approached the police and

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5 - NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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submitted a first information on 23.01.2024, based on which, FIR in Crime No.5/2024 was initially registered against five persons. The mother of the victim girl is arraigned as accused No.5 in the FIR. The petitioner's name is not found in the FIR. During the course of investigation, he was arrested on 26.01.2024 and subsequently remanded to judicial custody.

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The first information was submitted on basis of the information given by the victim girl to the first informant. It is not in dispute that there is no allegation against the petitioner herein in the first information. The statement of the victim girl under Section 164 of Cr.P.C, was recorded before the jurisdictional Magistrate on 31.01.2024. Even in the said statement, the victim girl has not made any allegation against the petitioner and she has not even referred to his name.

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The statement of the victim girl was recorded

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by the Police on 25.01.2024 and in the said statement, the victim girl has stated that about 15 days prior to accused

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NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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Nos.1 to 3 sexually assaulted her in a hotel room, she was summoned by accused No.7 (Ramesh), who is the cashier of the said lodge at Shidlaghatta and her mother had sent her to the lodge and in the said lodge, the petitioner herein had sex with her in room No.12. This allegation found in the statement of the victim girl recorded under Section 161 of Cr.P.C, is not found either in the first information or in the statement of the victim girl recorded under Section 164 of Cr.P.C.

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As per the allegation found in the statement of the victim girl under Section 161 of Cr.P.C, that was recorded by the police on 25.01.02024, accused No.7 - Ramesh had summoned the victim girl to the hotel and her mother had sent her to the hotel. The petitioner, who was a customer had sex with the victim girl in the hotel and he had paid a sum of Rs.1,500/- to her. Therefore, there is absolutely no material available on record to show that the petitioner had the knowledge that the victim girl was a minor. The petitioner, who has no other criminal

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NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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antecedents is in custody from 26.01.2024. Investigation

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in the case is complete and charge sheet has been filed.

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Considering the aforesaid aspects of the matter,

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I am of the prima-facie opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.(POCSO)No.63/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1, (POCSOA), Chikkaballapura, arising out of Crime No.5/2024 registered by Chikkaballapura Women Police Station, Chikkaballapura District for the offences punishable under Sections 114, 324, 504, 366(A), 370, 370(A), 370A(1), 370A(2), 376(2)(n), 376(3), 376DA of IPC, Sections 4(2), 6, 17 & 21 of the Protection of Children from Sexual Offences Act, 2012, Section 75 of the Juvenile Justice (Care and

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NC: 2024:KHC:45536 CRL.P No. 9007 of 2024

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Protection of Children) Act, 2015, Section 3(1)(w) & 3(2)(v) of SC & ST (Prevention of Atrocities) Amendment

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Act, 2015 and Sections 4 and 5 of the Immoral Traffic Prevention Act, 1956, 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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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 disposed off.

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SD/(S VISHWAJITH SHETTY) JUDGE

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NMS

Shri Manoj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Manoj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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