IMPORTANT POINT
Bail application – In cases where offences punishable under provisions of Atrocities Act and POCSO Act are invoked, petition under Section 439 Cr.P.C. before High Court is maintainable.

ORDER

Accused in Spl.C.No.279/2023 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Hassan, for the offences punishable under Sections 448, 504, 305 of IPC, Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘Atrocities Act’), arising out of Crime No.67/2023 registered by Sakaleshpura Rural Police Station, Hassan District, is before this Court under Section 439 of Cr.PC.

2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2/defacto complainant though served in the matter, has remained unrepresented.

3. The defacto complainant, who belongs to Scheduled Caste community, had approached Sakaleshpura Rural Police Station and submitted a typed complaint dated 17.03.2023 at about 3.00 p.m., alleging that the petitioner who is the resident of their village was pestering her minor daughter aged about 17 years to love him. On 17.03.2023 at about 11.00 a.m., petitioner allegedly came to the house of the complainant and called out her minor daughter’s name. When the complainant inquired with him about his whereabouts, he informed her that he was the lover of her daughter. Complainant and her brother-in-law Praveen advised the petitioner, but he went inside the house of the complainant and quarreled with her minor daughter and started pestering her to love him. Since the complainant’s daughter did not agree, petitioner allegedly abused her and threatened her with dire consequences to her life and went away. Complainant’s daughter who got ashamed due to the said incident, went inside the house and allegedly committed suicide by hanging herself with a saree. It is under these circumstances, complainant had approached the police and submitted the typed complaint, based on which, FIR was registered in Crime No.67/2023 against the petitioner herein and another initially for the offences punishable under Sections 306, 504, 34 of IPC, Section 12 of the POCSO Act and Section 3(2)(va) of the Atrocities Act.

4. During the course of investigation in the said case, petitioner was arrested on 30.04.2023. Investigation in the case was completed and charge sheet was filed only against the petitioner herein for the aforesaid offences. The bail application filed by the petitioner before the Trial Court in Spl.C.No.279/2023 was dismissed on 28.06.2023. Therefore, he is before this Court.

5. Learned Counsel for the petitioner submits that the petitioner and the victim girl were in love and this was objected to by her parents and relatives. On the date of incident, petitioner had gone to the house of the complainant since the victim girl was confined in her house by her parents. The allegation made in the complaint against the petitioner is totally false. Even if the charge sheet allegations are presumed to be true, the alleged offences cannot be made out against the petitioner. Petitioner who is aged about 24 years, is in custody from 30.04.2023. Investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition.

6. Learned HCGP has raised a preliminary objection with regard to the maintainability of the criminal petition on the ground that since the offence punishable under the provisions of Atrocities Act is invoked against the petitioner, he is required to file an appeal as provided under Section 14A(1) of the Atrocities Act. Alternatively, on the merits of the case, she submits that the material on record makes out a prima facie case against the petitioner, and therefore, she prays to dismiss the petition.

7. Considering the preliminary objection raised by the learned HCGP regarding maintainability of this petition, before adverting to the merits of the case, it would be necessary for this Court to examine the said aspect of the matter.

8. Petitioner has been charge-sheeted