RIYAZ PASHA vs STATE BY TUMKUR WOMEN PS - 2024 Supreme(Online)(KAR) 40422

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(KAR) 40422

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14215 OF 2024 BETWEEN:
RIYAZ PASHA, S/O. SHAFI, AGED ABOUT 38 YEARS, R/AT 2^ND CROSS, HORAPETE, TUMKUR TOWN, TUMKUR-572 101.
…PETITIONER (BY SRI. RAVIKUMARA B.R., ADVOCATE)
AND:
1. STATE BY TUMKUR WOMEN PS REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.
Digitally signed by R HEMALATHA 2. SAIDANI SALMA Location: HI GH W/O. LATE AFROZ PASHA, COURT OF KARNATAKA AGED ABOUT 40 YEARS, R/AT BEHIND KAVERY SCHOOL, 18^TH WARD, SHANTHINAGAR, TUMAKURU-572 101.
…RESPONDENTS (BY SRI. DIVAKAR MADDUR, HCGP FOR R1;
SRI. NAGESHA H., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 439 (FILED U/S 483 BNSS) OF CR.P.C PRAYING TO GRANT BAIL TO THIS PETITION IN CRIME NO.25/2024 TUMAKURU WOMEN POLICE STATION NOW NUMBERED AS SPECIAL CASE NO.259/2024 FOR THE OFFENCE P/S/ 6 OF POCSO ACT 2012 AND SEC.376,506 OF IPC WHICH IS PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC I) TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

Petitioner Advocates:RAVIKUMARA B R ,Respondent Advocate:

ORAL ORDER

The petitioner has been charge-sheeted for the offences punishable under Sections 376 and 506 of IPC and offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012.

2. The prosecution’s case is that the accused, a distant relative of the minor victim (CW-2), frequently visited her home. Fully aware that CW-2 was a minor, the accused allegedly committed the offense while CW-1 was away at work and CW-2 was alone at home from June 2023 onwards. till filing of FIR had committed forcible sexual intercourse resulting in pregnancy and also threatened to murder her if she informed the same to anyone.

3. Heard the learned counsel for the petitioner, learned HCGP for the respondent No.1 - State and learned counsel for the respondent No.2 - defacto complainant.

4. Admittedly, the victim was aged 17 years as of the date of the incident. The survivor in the statement recorded under Section 164 of Cr.P.C. has categorically stated that she was in a relationship with the accused and the sexual intercourse was consensual one and they intended to marry each other. Whether it is a case of eloping or a case of an accused having sexual intercourse with the survivor forcibly is a matter which can be considered at the time of trial.

5. In the light of the above, the petitioner has established a prima facie case for enlarging him on bail. Accordingly, petition is allowed. The petitioner - accused is enlarged on bail in Crime No.25/2024 registered by the Tumakuru Women police station, Tumakuru for offences punishable under Sections 376 and 506 of IPC and offence punishable under Section 6 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:

(i) Petitioner shall furnish a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court;

(ii) He shall not threaten witnesses in whatsoever manner;

(iii) He shall not get involved in similar offences;

(iv) He shall not leave the territorial limits without permission of the jurisdictional Court.

Registry is directed to communicate this order to the Trial Court through e-mail.

Click Here to Read the rest of this document