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Judgment
S Vishwajith Shetty, J
Accused in Crime No.18/2023 registered by Dakshina Kannada Women Police Station, Puttur Sub-Division, Dakshina Kannada, for the offences punishable under Section 376(2)(n) of IPC, Sections 5(J)(ii), 5(L) and Section 6 of POCSO Act, 2012, is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel appearing for the parties.
The statement of the complainant who is the victim in the present case was recorded by the Dakshina Kannada Women Police Station on 28.04.2023 in Yenepoya Medical College Hospital and based on the same, FIR in Crime No.18/2023 was registered against the petitioner herein for the aforesaid offences. During the course of investigation of the case, petitioner was arrested on 29.04.2023 and remanded to the judicial custody. The investigation in the case is completed and charge sheet has been filed. The bail application filed by the petitioner before the court V Addl. District and Sessions Judge, D.K., Mangaluru, sitting at Puttur, D.K., in Crl.Misc.No.5123/2023 was rejected on 12.07.2023. Therefore, he is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition prays to allow the petition.
Per contra, learned HCGP has opposed the bail petition.
Respondent No.2 who is served in the matter has remained unrepresented before this Court.
The complainant, allegedly aged about 17 years has stated before the police that she has completed her II PUC during the academic year 2022-23 and she was staying at home. She was in love with the petitioner herein for the last five years. They were exchanging messages and she was informed by her parents that after she attained the age of majority, her marriage will be performed. In the month of September, 2021, petitioner allegedly had telephoned the victim and had asked her to come out from house during night time. When the victim came out from the house at around 11.30 pm., in the courtyard of her house, the petitioner allegedly had sexual intercourse with her inspite of she resisting his act. Thereafter, allegedly the petitioner had repeated the said act for about 5 to 6 times. The victim had sexual intercourse with the petitioner for the last time on 11.04.2023. Thereafter, she had missed her menstrual periods and therefore, she was taken by her parents to Yenepoya Medical College Hospital, wherein she was diagnosed as 9 months pregnant. It is under these circumstances, she had lodged the complaint on 28.04.2023.
From reading of the complaint, it is very clear that the petitioner and victim girl were in love for the last five years. Though, the victim has stated that her age is 17 years, she has also made a statement that she has completed her II PUC during the academic year 2022-23 and she was staying at home. Therefore, a doubt arises with regard to the correctness of her age. According to the complaint averments, the petitioner and the victim girl had the last sexual intercourse on 11.04.2023. The complaint is lodged on 28.04.2023 and it is stated that the victim girl was pregnant by 9 months. The investigation in the case is completed and charge sheet has been filed. The petitioner who has no criminal antecedent is in judicial custody from 29.04.2023.
Considering the nature of allegation and the averments made in the complaint, I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered in affirmative. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be released on bail in Crime No.18/2023 pending on the file of V Addl. District and Sessions Judge, D.K., Mangaluru, sitting at Puttur, D.K., which was registered by Dakshina Kannada Women Police Station for the offences punishable under Section 376(2)(n) of IPC, Sections 5(J) (ii), 5(l) and Section 6 of POCSO Act, 2012, subject to following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Police Station/jurisdictional court;
ii. The petitioner shall not indulge in tampering the prosecution witnesses either directly or indirectly;
iii. The petitioner shall appear before the trial court on all hearing dates unless his appearance is exempted by the said court for valid reasons;
iv. The petitioner shall not leave the jurisdiction of the Trial Court without prior permission from the said court;
v. The petitioner shall not involve himself in similar offences in future.