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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 8^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL PETITION No. 200402/2021

BETWEEN:

NAGU @ NAGESH S/O LALU CHAVAN

AGE.23 YEARS, OCC.KIRANA

BUSINESS, R/O WADDALLI TANDA,

TQ.AFZALPUR, DIST.KALABURAGI-585301

… PETITIONER

(BY SRI LIYAQAT FAREED USTAD, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH REVOOR POLICE STATION

TQ.AFZALPUR, DIST.KALABURAGI,

REP THROUGH PUBLIC PROSECUTOR,

HIGH COURT BENCH KALABURAGI-585107

… RESPONDENT

(BY SRI SHARANABASAPPA M. PATIL, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN

CRIME

NO.68/2020

OF

REVOOR

POLICE

STATION

DIST.KALABURAGI, FOR THE OFFENCES P/U/SEC. 366(A), 506,

376(2)(I) OF IPC, U/SEC. 4 AND 6 POCSO ACT, PENDING

BEFORE II ADDL. DIST AND SESSIONS JUDGE AT KALABURAGI.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

O R D E R

Accused in Crime No.68/2020 of Revoor Police

Station of Afzalpur taluka, Kalaburagi District, has

approached this Court for seeking grant of regular bail

under Section 439 of Cr.P.C.

2.

Brief facts, which are necessary for disposal

of this petition are as under:

A complaint came to be lodged by Kishan S/o

Hoba Rathod contending that his daughter has been

kidnapped by the accused and thereafter there is

penetrative sexual assault committed on her, therefore,

sought for taking action. Police after registering the

case, conducted a detailed investigation and filed charge

sheet before the Sessions Court.

3.

Accused approached the Sessions Court for

grant of bail under Section 439 of Cr.P.C. The learned

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Sessions Judge after verifying the material available on

record, rejected the bail petition by order dated

11.02.2021. Therefore, accused is before this Court

seeking an order of grant of bail by using special powers

vested in this Court under Section 439 of Cr.P.C.

4.

Learned counsel for the accused-petitioner

vehemently contended that the material available on

record especially the statement made by the victim girl

under section 164 of Cr.P.C. clearly indicate that

incident is that of a love affair.

5.

He also contended that since the charge

sheet is filed, all apprehension of prosecution that

accused would interfere with the investigation process

or tamper with the prosecution witnesses is now not

available for the prosecution and therefore, sought for

grant of bail.

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6.

Per contra, learned High Court Government

Pleader vehemently contended that the offence alleged

against the accused are grave in nature and whether

the incident is a love affair or not can only be decided

after a full fledged trial. Therefore, sought for dismissal

of petition.

7.

After hearing the arguments and on perusal

of the material on record, it is seen that the incident as

is alleged by the prosecution, prima

facie, stands

established in view of the statement made by the victim

girl under Section 164 of Cr.P.C. Material available on

record clearly indicate that the victim girl is a minor. It

is well settled principle of law that a consent by a minor

is not a consent in the eye of law. Therefore, prima facie

ingredients required for proceeding against the accused

for the offences charged against him is available on

record.

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8.

Having regard to the stringent provisions of

law contained in the POCSO Act and material available

on record, including the medical evidence, this Court is

satisfied that the accused-petitioner has not made out

any grounds much less good grounds to allow the

request for grant of regular bail by resorting to special

powers vested in this Court under Section 439 of

Cr.P.C.

9.

Therefore, a time line for disposal of these

type of cases. If there is an inordinate delay in disposal

of cases, it is always open for the accused-petitioner to

approach this Court or Sessions Court for grant o