Allowed

Manikanta Alias Kiran v. the State of Karnataka

Karnataka HC29 Nov 2024CRL.P/9094/2024

Case brief

AI extract

What is this about?

In a regular bail petition for offences under IPC 376 and POCSO, the High Court of Karnataka allowed the plea, noting the victim had turned hostile after examination without revealing the child's father.

What did the court decide?

Petitioner enlarged on bail in SPL.C.No.143/2024 subject to personal bond of Rs.1,00,000/- with two sureties and specific conditions of appearance and conduct.

Manikanta Alias Kiran Vs the State of… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:49164 CRL.P No. 9094 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^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. 9094 OF 2024

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BETWEEN:

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MANIKANTA ALIAS KIRAN S/O PARASHIVA, AGED ABOUT 35 YEARS, R/AT DADAHALLI VILLAGE, CHANDAKAVADI HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT - 571 342 (NOW IN J.C.)

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…PETITIONER

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(BY SRI. A N RADHA KRISHNA., ADVOCATE)

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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, BY WOMEN POLICE STATION, CHAMARAJANAGARA, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001.

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XXX XXX,

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1 SRI. VINOD N., ADVOCATE FOR R2;)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRN.O.19/2024

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NC: 2024:KHC:49164 CRL.P No. 9094 of 2024

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(SPL.CASE NO.143/2024) PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGARA (FTSC-1) REGISTERED BY FIRST RESPONDENT, WOMEN P.S. CHAMARAJANAGAR FOR THE OFFENCE P/U/S 376(3),376(2)(n) OF IPC AND SEC.4,5(j)(ii),6 OF POCSO ACT.

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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.C.No.143/2024 pending before the Court of Additional District and Sessions Judge (FTSC-1), Chamarajanagara, arising out of Crime No.19/2024 registered by Chamarajanagara Women Police Station, Chamarajanagara District for the offences punishable under Sections 376(3), 376(2)(n) of IPC and Sections 4, 5(j)(ii) and 6 of Protection of Children from Sexual Offenses Act 2012, 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 the learned HCGP for respondent No.1. Respondent No.2,

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NC: 2024:KHC:49164 CRL.P No. 9094 of 2024

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who is served in the matter, has remained unrepresented before this Court.

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FIR in Crime No.19/2024 was registered by Chamarajanagara Women Police Station, Chamarajanagara District against unknown persons initially for the offences punishable under Sections 376(3) of IPC and Sections 4, 5(J)(II), 6 of POCSO Act, on the basis of the first information dated 23.04.2024 received from Cheluvaraj N, who was working as District Child Protection Officer at Chamarajanagara.

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During the course of investigation of the case petitioner herein was arrested on 04.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner herein for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in S.C.No.143/2024 was rejected on 30.07.2024. Therefore, he is before this Court.

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NC: 2024:KHC:49164 CRL.P No. 9094 of 2024

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Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that victim girl has been examined before the Trial Court as PW-2. She has not supported the case of the prosecution. Petitioner who has no other criminal antecedents is in custody from 04.05.2024. Accordingly, he prays to allow this petition.

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Per contra, learned HCGP has opposed the petition. He submits that DNA test report is awaited in the present case. Victim girl has given birth to the child after registration of the criminal case against the petitioner. Accordingly, he prays to dismiss this petition.

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FIR was registered against the petitioner in the

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present case on the basis of the first information by the District Child Protection Officer at Chamarajanagara. In the first information dated 23.04.2024, it is mentioned that after the medical examination of the victim girl who was a minor, she was found to be pregnant and therefore, the first informant had approached the police and FIR was

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5 - NC: 2024:KHC:49164 CRL.P No. 9094 of 2024

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initially registered against unknown persons for the aforesaid offences.

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During the course of the investigation, petitioner was arrested on 04.05.2024 and remanded to judicial custody. The victim girl has been examined before the Trial Court as PW-2. She has completely turned hostile to the case of the prosecution. She has stated that she does not want to reveal who is the father of the child born to her. Even though the victim girl was extensively crossexamined by the Special Public Prosecutor, nothing material has been elicited from her mouth. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 04.05.2024. Since victim girl has been already examined before the Trial Court, I am of the opinion that the prayer made by the petitioner's for grant of regular bail needs to be answered affirmatively. Accordingly, the following:

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ORDER

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The petition is allowed .

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NC: 2024:KHC:49164 CRL.P No. 9094 of 2024

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The petitioner is directed to be enlarged on bail in SPL.C.No.143/2024 pending before the Court of Additional District and Sessions Judge (FTSC-1), Chamarajanagara, arising out of Crime No.19/2024 registered by Chamarajanagara Women Police Station,

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Chamarajanagara District for the offences punishable under Sections 376(3), 376(2)(n) of IPC and Sections 4, 5(j)(ii) and 6 of Protection of Children from Sexual Offenses Act 2012, 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 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:49164 CRL.P No. 9094 of 2024

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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 List No.: 1 Sl No.: 20

Manikanta Alias Kiran v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Manikanta Alias Kiran v. the State of Karnataka

Case brief

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What did the court decide?

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