Allowed

Srimantha v. the State by Avalahalli Ps

Karnataka HC6 Nov 2024CRL.P/9246/2024

Case brief

AI extract

What is this about?

Regular bail sought by the accused in a POCSO and rape case. The victim's father filed an affidavit stating she was over 18 and that police had not collected proper age-proof documents; the accused had no antecedents and trial was yet to begin. Bail was granted subject to 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 witness tampering, and not leaving Trial Court jurisdiction without permi

Srimantha Vs the State by Avalahalli Ps — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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1 - NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^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. 9246 OF 2024

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BETWEEN:

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SRIMANTHA S/O NINGAPPA AGED ABOUT 21 YEARS RESIDING AT SADAHALLI VILLAGE CHIKKAJALA HOBLI DEVANAHALLI TALUK BENGALURU - 562 110 NATIVE ADDRESS DARKASPET NALAVADU HOBLI CHITTAPURA TALUK KALABURGI DISTRICT - 585 211

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…PETITIONER

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(BY SRI. GANGADHAR K., ADVOCATE FOR SRI. CHANDRASHEKAR R P.,ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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THE STATE BY AVALAHALLI PS (REP BY STATE PUBLIC PROSECUTOR BANGALORE HIGH COURT BUILDINGS BANGALORE 560001)

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XXXX

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…RESPONDENTS (BY SRI. CHANNAPPA EERAPPA, HCGP FOR R1 SRI. RAMESH M., ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

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(FILED UNDER SECTION 483 BNNS) OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.19/2024 OF AVALAHALLI POLICE STATION PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC III

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2 - NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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BENGALURU RURAL DISTRICT, BENGALURU IN SPL.C.NO.309/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(n), 506 OF IPC AND SECTIONS 5(L), 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.C.No.309/2024 pending before the Court of Addl. District & Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, arising out of Crime No.19/2024 registered by Avalahalli Police Station, Bengaluru City, for the offences punishable under Sections 376(2)(n) & 506 of IPC and Sections 5L & 6 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 parties.

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3 - NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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FIR in Crime No.19/2024 was registered by Avalahalli Police Station, Bengaluru City, against the petitioner herein initially for the offences punishable under Sections 5(L) & 6 of POCSO Act and Section 376(2)(n) of IPC, on the basis of first information dated 15.01.2024 received from the victim girl aged about 17 years. During the course of investigation of the case, the 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 the petitioner for the aforesaid offences.

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The bail application filed by the petitioner before the Trial Court in SPL.C.No.309/2024 was rejected on 22.06.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner is youngster, aged about 21 years, having no criminal antecedents. The petitioner and the victim girl were in love. The victim girl is aged more than 18 years and therefore, alleged offences under POCSO Act do not

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4 - NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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get attract against the petitioner. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition and submits that the victim girl has supported the case of the prosecution in her statement recorded under Section 164 of Cr.P.C. The DNA test report obtained in the present case would go to show that the petitioner is the biological father of the child born to the victim girl who is a minor.

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Learned counsel appearing for respondent No.2

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who is the father of the victim girl has filed an affidavit and in the said affidavit, it is stated that the petitioner and the victim girl were in love and the victim is aged above 18 years and police have not collected proper documents regarding the proof of age of the victim. He has stated that he has no objections to allow the petition.

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The victim girl was allegedly working in hotel

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near Bidarhalli Panchayat Office within the jurisdiction of

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5 - NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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Avalahalli Police Station, Bengaluru. The petitioner allegedly used to visit the said hotel for having meals and it appears that the petitioner and the victim girl got acquainted to each other. The petitioner allegedly proposed to the victim girl and stated that he was in love with her. It is alleged that subsequently he had sexual intercourse with her against her wishes. As a result, the victim girl had missed her periods, and on 14.01.2024 since she complained of stomach pain, her father took her to Hospital wherein the Doctor after her medical examination stated that she was pregnant and on the very same day she had delivered a boy child and subsequently her statement was recorded by Avahalli Police and FIR in Crime No.19/2024 was registered against the petitioner. During the course of the investigation the petitioner herein aged about 21 years was arrested and remanded to judicial custody on 04.02.2024. Investigation in the case is completed and charge sheet has been filed.

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6 - NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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In the statement of the victim girl which was recorded before the jurisdictional Magistrate under Section 164 of Cr.P.C she has reiterated the averment made in the first information. Reading of the first information as well as the statement under Section 164 of Cr.P.C would go to show that the petitioner and the victim girl who was allegedly aged about 17 years were acquainted to each other and they were in love. The father of the victim girl has now filed an affidavit before this Court stating that the victim girl is aged above 18 years and documents with regard to her correct age were not collected by the Police. For the purpose of attracting offence punishable under the POCSO Act, the age of the victim girl becomes material. The petitioner aged about 21 years, having no criminal antecedents, is in custody from 04.02.2024. Investigation in the case is completed and charge sheet has been filed. Prosecution has all together cited 25 charge sheet witnesses and trial in the case is yet to commence. Considering the aforesaid aspects of the matter, I am of

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NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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the opinion that the petitioner's prayer for grant of regular

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bail needs to be answered affirmatively.

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10. 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

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Spl.C.C.No.309/2024 pending before the Court of Addl. District & Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, arising out of Crime No.19/2024 registered by Avalahalli Police Station, Bengaluru City, for the offences punishable under Sections 376(2)(n) & 506 of IPC and Sections 5L & 6 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

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8 - NC: 2024:KHC:44644 CRL.P No. 9246 of 2024

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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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ASN List No.: 1 Sl No.: 45

Srimantha v. the State by Avalahalli Ps

Case brief

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Srimantha v. the State by Avalahalli Ps

Case brief

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