Chandan @ Chandrashekara vs State Of Karnataka & Others

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.36/2021 of Channarayapatna Police

Station, Channarayapatna Circle, Hassan, for the offences punishable under Sections 376(1) and 363 of IPC and Sections 4 and 6 of Protection of

Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short).

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent No.1-State.

The factual matrix of the case of the prosecution is that this petitioner took the minor girl aged about 11 years 10 months to lonely place and

subjected her for sexual act whole night and brought her back in the morning. Based on the information given by the victim, complaint is filed, case has

been registered and the police have investigated the matter and filed the charge-sheet.

Learned counsel appearing for the petitioner would vehemently contend that this petitioner has been falsely implicated in the case and there is no

medical report to show that the petitioner subjected the victim girl for sexual act. Apart from that, the counsel would also submit that the FSL report

also not supports the case of the prosecution regarding seizure of articles which were seized on 06.02.2021 itself. Investigation has been completed

and there is no need of custodial trial. Hence, he may be enlarged on bail.

Per contra, learned High Court Government Pleader appearing for the respondent-State would submit that though the medical examination report

disclose that no external injuries but, in Column No.26 of the medical examination report, it is mentioned that hymen is absent and opinion of the doctor

in Column No.29 is that the victim girl is used to act of coitus. Apart from that, the victim girl statement was recorded and she has categorically stated

before the learned Magistrate that she was subjected to sexual act against her wish whole night till early morning 5.00 A.M. and thereafter, the

petitioner brought her back. The learned Magistrate also, while recording her statement, recorded the demeanor of the victim girl that she is having

pain in the lower part of her stomach and also in the legs. She has also stated that next day morning at around 6.00 a.m., this petitioner brought her

back and left. Hence, the victim girl brought the same to the notice of the neighborer and thereafter, the neighborer informed her parents and her

father also assaulted her. Hence, there is a clear case of subjecting the minor girl for sexual act and it is not a fit case to enlarge the petitioner on bail.

Having heard the respective counsel and also on perusal of the material available on record, no doubt, the investigation has been completed and

charge-sheet is also filed, having perused the material on record particularly, the statement of victim girl, it is seen that she has categorically stated that

she was subjected to sexual act whole night till morning. The medical report also disclose that hymen is absent and she was subjected to sexual act.

No doubt, there are no external injuries and FSL report with the regard to the seizure of articles is concerned shows that not detected any stains,

however, the Court has to take note of the statement of the victim girl made before the learned Magistrate under Section 164(5) of Cr.P.C. Apart

from that, the medical examination itself is clear that hymen was not intact and she was subjected to sexual act. When such being the factual aspects

of the case and the minor girl, who is aged about 14 years, 10 months was subjected to sexual act and when prima facie material is available on

record, the fact that the petitioner is in custody from 10.02.2021 is not a ground to enlarge him on bail.

In view of the discussions made above, I pass the following:

ORDER

The criminal petition is rejected.