Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 1265

IN THE HIGH COURT OF KARNATAKA
Shivashankar Amarannavar, J.
Nihal - Appellant
Versus
State of Karnataka - Respondent
Criminal Petition No. 103500 of 2022 (482-CRPC)
Decided On : 02-12-2022

Advocates appeared:
S.M.Muchhandi, Advocate, Prashanth V.Mogali, Advocate

Prima facie evidence, threat to witnesses, and medical condition as grounds for bail.

Headnote:
Bail - Offences under IPC and POCSO Act - Sec. 376(2)(I), 506 of IPC and Ss. 4 and 6 of POCSO Act -
Fact of the Case:

The petitioner, accused of offences under Sec. 376(2)(I), 506 of IPC and Ss. 4 and 6 of POCSO Act, sought bail. The victim, a 15-year-old girl, alleged that the petitioner had forcibly committed sexual intercourse with her and threatened her not to inform anyone. The victim became pregnant and underwent an abortion.
Finding of the Court:

The court found a prima facie case against the petitioner based on the victim's statement, medical evidence, and charge-sheet material. The court also noted the petitioner's medical condition but held that it did not warrant bail. The petition for bail was dismissed.
Issues: Prima facie case against the petitioner, threat to the complainant and witnesses, petitioner's medical condition as grounds for bail.
Ratio Decidendi: The court considered the victim's statement, medical evidence, and charge-sheet material to establish a prima facie case. The court also weighed the threat to the complainant and witnesses in denying bail. The petitioner's medical condition was not deemed sufficient grounds for bail.
Final Decision: The petition for bail was dismissed.

JUDGMENT

1. This petition is filed by the sole accused under Sec. 439 of Cr.P.C., seeking bail in Crime No.186/2022 of Muragod Police Station for the offences punishable under Sec. 376(2)(I), 506 of IPC and Ss. 4 and 6 of POCSO Act, pending in Special Case No.207/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi.

2. The case of the prosecution is that, Smt. Mayawwa Shivappa Mugalihal, Anganawadi Supervisor of Yaragatti, has filed a complaint stating that, she received a phone call from one S.M.Ramnaiker, Head Constable, working in Muragod Police Station, informing her that the victim-girl who is the daughter of Dadasab Shelldar, aged 15 years 11 months has been subjected to sexual assault and they have received MLC from the District Hospital, Belagavi and the victim-girl and her parents are hesitating to give complaint. The complainant informed the same to her superiors and went to the Government Hospital, Belagavi and enquired with the victim-girl and her parents and none of them have given any information to the complainant. Then she enquired with the Doctor and the Doctor informed that the victim-girl is 10 weeks pregnant. Upon this information, she filed complaint which came to be registered in Muragod Police Station Crime No.186/2022 for the offences punishable under Ss. 376(2)(l) and 506 of IPC and Ss. 4 and 6 of the POCSO Act, against the unknown persons. During the investigation, the police recorded the statement of the victim-girl wherein, she has stated that this petitioner use to talk to her and tease her. That on 28/4/2022, when she was alone in the house, the petitioner/accused came and pulled her hand and had forcible sexual intercourse on her and threatened her not to inform the same to anyone. Subsequently, she started getting stomach pain and she informed the same to her parents who took her to the Hospital, wherein, she was diagnosed as pregnant. The petitioner came to be arrested on 9/7/2022 and he is in judicial custody. The petitioner filed Criminal Misc. No.1110/2022 and the same came to be rejected by the Additional District and Sessions Judge, FTSC-1, Belagavi, by order dtd. 1/9/2022. Subsequently, the police filed charge-sheet against this petitioner for the offences punishable under Ss. 376(2)(l) and 506 of IPC and Ss. 4 & 6 of the POCSO Act and now the case is pending in Special Case No.207/2022 on the file of the Additional District and Sessions Judge, FTSC-I, Belagavi. Therefore, the petitioner is before this Court, seeking bail.

3. Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondentState.

4. The respondent No.2 in spite of service of notice, has remained absent and un-represented.

5. Learned counsel for the petitioner would contend that, the complaint came to be filed by Anganawadi Supervisor against unknown persons. There is no complaint either by the victim-girl or by her parents. The victim-girl is aged 15 years 11 months and she is capable of understanding the consequences of her acts. The statement of the victim-girl has been recorded by the police and also under Sec. 164 of Cr.P.C. The Doctor who examined the victim-girl has noted that the abortion has been done on 12/7/2022. It is his submission that, there is no medical opinion and the DNA report is not yet received. As the charge-sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is 22 years old. It is his further submission that, the petitioner is diagnosed with Reducible Inguinal Hernia and he needs surgery and produced case-sheet in that regard. With this, he prayed to allow the petition.

6. Per contra, learned HCGP would contend that, the date of birth of the victim-girl is 15/7/2006 and she is aged 15 years 09 months as on the date of the alleged offence. It is his further submission that, the victim-girl in her statement recorded by the police and also recorded under Sec. 164 of Cr.P.C. has specifically stated that

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