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IN THE HIGH COURT OF KARNATAKA AT BENGALURU (DHARWAD BENCH)
Shivashankar Amarannavar, J.
Umesh - Appellant
Versus
State Of Karnataka - Respondent
Criminal Petition No. 101134 of 2020
Decided On : 01-10-2020
Bail - Offences under IPC and POCSO Act - Sections 366, 376, and 4 of IPC and POCSO Act - The court granted bail to the accused based on the victim's statement, lack of external injuries, and completion of investigation.
Fact of the Case:
The petitioner-accused filed a bail application under Section 439 of Cr.P.C. seeking bail in a case registered for offences under Sections 366 and 376 of IPC and Section 4 of the POCSO Act. The prosecution alleged that the accused had forcible sexual intercourse with a 17-year-old girl and filed a charge sheet.
Finding of the Court:
The court found that the victim girl's statement indicated a love affair with the accused, her age of understanding, and lack of external injuries. The court also considered the completion of the investigation and absence of criminal antecedents for the accused.
Issues: The issues involved the nature of the alleged offences, the victim's statement, and the potential threat to witnesses if bail was granted.
Ratio Decidendi: The court considered the victim's statement, lack of external injuries, completion of investigation, and absence of criminal antecedents for the accused in granting bail.
Final Decision: The court granted bail to the petitioner-accused with stringent conditions, including a personal bond, prohibition on tampering with witnesses, and regular court appearances.
JUDGMENT
Shivashankar Amarannavar, J. - This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.35/2020 of Women Police Station, Dharwad registered for the offence punishable under Sections 366 and 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO').
2. It is the case of the prosecution that one Miss Isabella D/o Selvaraj Xavier has filed a complaint. It is the accusation made in the charge sheet that victim girl who is aged 17 years studying in PUC and accused who is from the same village to that of victim girl by promising the victim girl to marry her as he is loving her has enticed her and took her to Belagavi, Bengaluru and to a farm house situated in survey No.204/1 and had forcible Sexual intercourse and on the next day i.e. on 26.06.2020 he brought her and left her in Dharwad new bus stand. The charge sheet has been filed for the offences punishable under Sections 363, 366, 376 of IPC and Section 4 of the POCSO Act. The petitioner came to be arrested on 29.06.2020. The petitioner filed bail application in Crl.Misc.No.418/2020 before II Addl. District and Sessions and Special Judge, Dharwad and the same came to be rejected by order dated 07.09.2020. Hence, petitioneraccused is before this Court seeking bail.
3. Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State.
4. It is the contention of the learned counsel for the petitioner-accused that the parents of the victim girl with an intention to avoid inter caste marriage of the victim have filed a false complaint against the petitioner. The victim girl left her house on 16.06.2020 and no missing comlaint was filed by the parents of the victim till 26.06.2020. The complainant- Miss Isabella, Social worker has filed the complaint. It is his further submission that on looking to the statement of the victim girl recorded by the Police, she is in love affair with the petitioner-accused and she voluntarily went along with him and had sexual intercourse with him and came back to Dharwad on 26.06.2020. It is her further submission that the medical examination report of the victim girl does not reveal any external injuries. It is his further submission that victim girl is aged 17 years 2 months. As on the date of offence, she is of the age of understanding the consequences of her acts. It is his further submission that investigation is over, charge sheet has been filed and the custodial interrogation of the petitioner-accused is necessary and petitioneraccused is ready to abide by the conditions imposed by this Court. With this he prayed to allow the petition.
5. Per contra, the learned HCGP contended that victim girl's age is 17 years and 2 months as on the date of incident. Her date of birth is 15.04.2003. It is her further submission that the victim girl in her statement before the Police stated that petitioner had forcible sexual intercourse with her. It is her further submission that the doctor who has examined the victim girl has opined that the hymen is not intact. It is her further submission that the petitioner has committed the heinous offence and if he is granted with bail, he will tamper the prosecution witnesses and flee from justice. With this, she prays to reject the bail petition.
6. Having regard to the submission made by the learned counsel for the petitioner-accused and the learned HCGP, this Court has gone through charge sheet records. The victim girl aged 17 years 2 months has left her house on 16.06.2020. Parents of the victim girl have not filed any missing complaint. Complaint has been filed by one Miss Isabella, social worker when she has been intimated regarding the presence of the victim girl in the Dharwad bus stand on 26.06.2020. The victim girl in her statement recorded by Police on 26.06.2020 has stated that she and the petitioner-accused are having love affair and as there was a marriage proposal in her house, she went
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