Akhil vs State Of Karnataka And Others

S. Vishwajith Shetty, J

Accused No.1 in Spl.C.C.No.977/2023 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-I, Bengaluru for the offences punishable under Sections 363, 506 read with 34 of Indian Penal Code, 1860 and Sections 4, 6, 8, 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 439 of the Criminal Procedure Code, 1973.

Heard the learned counsel for the parties.

On the basis of the complaint dated 08.04.2023 lodged by Nethravathi, the mother of the victim girl, Subramanyanagar police station had registered FIR in Crime No.57/2023 against the petitioner and another for the offences punishable under Sections 363 506 read with 34 of Indian Penal Code, 1860 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. In the complaint, it is averred that complainant's husband was admitted in Apollo Hospital for treatment and therefore, she had left her minor daughter aged about 17 years who was studying in II year PUC, in her mother's house. Petitioner who was working as a driver of complainant's sister-in-law Anitha, was allegedly in contact with the victim girl and he used to send her messages through Instagram. On 08.04.2023, complainant's husband was admitted in the hospital and the victim girl along with her cousin sister had gone to Orion Mall, Rajajinagar, Bengaluru and at about 1.30 p.m., the accused persons had come to the Mall in a car and accused No.1 allegedly had pestered the victim girl to love him and when the victim girl had not agreed for the same, the accused No.1 allegedly threatened that he will commit suicide. When the victim girl did not agree for his proposal even thereafter, the accused persons forcibly took her in the car in which they had come. At that time, the relatives of the complainant stopped the car and had saved the victim girl. It is in this background, the complainant had approached the police and had lodged the complaint on 08.04.2023 based on which FIR in Crime No.57/2023 was initially registered only for the offences punishable under Sections 363, 506 read with 34 of Indian Penal Code, 1860 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. During the course of investigation in the said case, the petitioner was arrested on 09.04.2023. Investigation of the case is complete and charge sheet is now filed for the offences punishable under Sections 363, 506 read with 34 of Indian Penal Code, 1860 and Sections 4, 6, 8, 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012. Petitioner has been arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Crl.Misc.No.4856/2023 was rejected on 24.07.2023. Therefore, he is before this Court.

Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that the petitioner and the victim girl were in love and she has not co-operated with the doctor for medical examination. He submits that the petitioner who is aged about 23 years, is in custody from 09.04.2023. Investigation in the case is complete and charge sheet has been filed and accordingly, prays to allow the petition.

Learned High Court Government Pleader has opposed the bail application. He submits that the victim girl is a minor and the alleged offence attracts the provisions of Protection of Children from Sexual Offences Act.

Learned counsel for the respondent No.2 also opposes the bail application. He submits that there is prima facie material as against the petitioner. The petitioner who is a driver of the aunt of the victim girl, has induced the victim girl to accompany him and has committed the offence. He accordingly prays to dismiss the petition.

The material on record would go to show that the FIR in Crime No.57/2023 was registered on the basis of complaint lodged by Nethravathi who is the mother of the victim girl. In the complaint dated 08.04.2023, there is no allegation of any penetrative sexual assault by the petitioner. As per the averments in the complaint dated 08.04.2023, the accused persons had come to Orion Mall where the victim girl and her cousin had gone and had pestered the victim girl to love accused No.1. When she had refused, accused No.1 allegedly threatened her stating that he would commit suicide and even thereafter, when she had not agreed, the accused persons tried to forcibly take her in their car and at that time, the relatives of the victim girl came there and saved her. It is under these circumstances, only the offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 were invoked against the petitioner in the FIR. In the charge sheet, it is mentioned that on 07.04.2023, the victim girl had gone to Orion Mall and the petitioner had taken her to a hotel and had committed penetrative sexual assault against her wishes. There is no mention about the incident that had taken place on 07.04.2023 in the complaint dated 08.04.2023. A serious doubt arises about the allegation now made against the petitioner having regard to the said aspect of the matter and if the petitioner had forcibly taken the victim girl from Orion Mall on 07.04.2023, then under normal circumstances the victim girl would not have again visited Orion Mall on the next day. The material on record would also go to show that the victim girl had not co-operated with the doctor for medical examination. The petitioner who has no criminal antecedent, is in custody from 09.04.2023. The allegation against the petitioner is required to be proved in a full-fledged trial. Under the circumstances, the petitioner has made out a case for grant of bail. Accordingly, the following:

ORDER

The petitioner is directed to be enlarged on bail in Crime No.57/2023 of Subramanyanagar Police Station registered for the offences punishable under Sections 363, 506 read with 34 of Indian Penal Code, 1860 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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 the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.