VENUGOPAL v. THE STATE OF KARNATAKA

KODIGENAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU - 560 001.

2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 439 OF CR.P.C. IN (CR.NO.36/2023) SPL.C.NO.317/2023 REGISTERED BY KODIGENAHALLI POLICE STATION, FOR THE OFFENCE MS Location: High Court of Karnataka - 2 - NC: 2024:KHC:32735 CRL.P No. 6333 of 2024 P/U/S 323, 342, 363, 376, 506 OF IPC AND U/S 4 OF POCSO ACT, 2012, PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE (FTSC-1), TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Special Case No.317/2023 pending before the Court of Additional District & Sessions Judge (FTSC-1), Tumakuru, arising out of Crime No.36/2023 registered by Kodigenahalli Police Station, Tumakuru for the offences punishable under Sections 323, 342, 363, 376, 506 of IPC and Section 4 of the POCSO Act, 2012 is before this Court under Section 439 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. F.I.R. in Crime No.36/2023 was registered by Kodigenahalli Police Station, Tumakuru, against the petitioner herein initially for offence under Section 363 of IPC on the basis of the first information dated 18.03.2023 - 3 - NC: 2024:KHC:32735 CRL.P No. 6333 of 2024 submitted by respondent No.2, who is the father of the victim girl aged 17 years. During the course of investigation, the petitioner was arrested on 21.03.2023 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed. Bail application filed by the petitioner in Crl.Mis.No.871/2023 is rejected on 10.07.2023. Therefore, he is before this Court.

4. Learned Counsel for the petitioner submits that victim girl has not made any allegation against the petitioner in her statement recorded before Jurisdictional Magistrate under Section 164 of Cr.P.C. Victim has been already examined before the trial Court as P.W.1. Petitioner is in custody for last more than one year and he has no criminal antecedents. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP who has seriously opposed the bail application submits that victim is a minor - 4 - NC: 2024:KHC:32735 CRL.P No. 6333 of 2024 and therefore, alleged offences are attracted against the petitioner. Accordingly, she prayed to dismiss the pettion.

6. Respondent No.2 who is served in the matter has remained unrepresented before the Court.

7. FIR in Crime No.36/2023 was registered by Kodigenahalli Police Station, Tumakur, initially against the petitioner for offence punishable under Section 363 of IPC on the basis of the information received from the father of the victim girl. In the first information, it is stated that the victim girl was acquainted with the petitioner and first informant had learnt that she and petitioner were in love. After the victim girl was found missing from the house, first informant suspected the hand of the petitioner in the case and therefore, FIR was registered against the petitioner. During the course of investigation, the victim girl was traced and her statement under Section 164 of Cr.P.C. was recorded before the jurisdictional Magistrate on 23.03.2023. In the said statement, she has stated that on 17.03.2023, she had left her house along with her - 5 - NC: 2024:KHC:32735 CRL.P No. 6333 of 2024 brother and on the way to their school, petitioner who came in a bike, threatened her brother and forcibly took her in his bike. She has stated that petitioner had taken her in his bike from their village to Madhugiri and thereafter, to Kengeri and from 17.03.2023

20.03.2023, she stayed in a room at Kengeri. She has not made any allegation against the petitioner that he had committed sexual assault on her while she stayed in his room at Kengeri from 17.03.2023 to 20.03.2023. On

20.03.2023, the police came to the said room and brought back the victim to her village. Petitioner who has no criminal antecedents is in custody from 21.03.2023. Victim has been already examined before the Trial Court as PW-1, and therefore, there cannot be any apprehension that petitioner is likely to tamper with material prosecution witness. Considering the aforesaid aspects of the matter and also having regard to the statement made by the victim before the jurisdictional Magistrate under Section 164 of Cr.PC, I am of the opinion that without expressing any opinion on the merits of the matter, the petitioner's - 6 - NC: 2024:KHC:32735 CRL.P No. 6333 of 2024 prayer for grant of regular bail is required to be answer in the affirmative. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.36/2023 registered by the Kodigenahalli Police Station, Tumakuru, for the offences punishable under Sections 323, 342, 363, 376, 506 of IPC and Section 4 of the POCSO Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with prosecution witnesses; - 7 - NC: 2024:KHC:32735 CRL.P No. 6333 of 2024 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE YN List No.: 1 Sl No.: 40 CT: BHK