Gopalkrishna W Addar vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for

brevity) seeking bail in Crime No.38/2021 of Koppal Women Police Station for the offences punishable under Sections 363, 376 of IPC of The Indian

Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter

referred to as 'the POCSO Act').

The case of the prosecution is that One Shameem Begaum has filed complaint stating that she is residing along with her daughter victim girl aged

17 years and on 27.04.2021 at about 5 p.m. her daughter did not return to house and even after searching her, she was not found. It is further alleged

that the petitioner is regularly talking with her daughter and even petitioner was missing and therefore suspecting the same, a complaint came to be

filed, which is registered in Crime No.38/2021 of Koppal Women Police Station for the offence punishable under Section 363 of IPC. During the

investigation, victim girl and petitioner were secured on 29.04.2021 and they were brought to Police Station. The Investigating Officer after

investigation has filed charge sheet for the offence punishable under Sections 363, 376(1) of IPC and Section 4 of POCSO Act,2012. The accusation

leveled in the charge sheet is that on 27.04.2021 at about 3 p.m. petitioner came near the house of the victim girl and asked her to accompany him. At

about 3.30 p.m. they went towards Koppal bus stand and went to Annigeri in a private car. The petitioner committed sexual assault once on the victim

girl while they were sleeping near APMC godown. As the petitioner and victim girl could not marry at Annigere they went to Hospet on 29.04.2021.

On the way to Hospet, they were secured by the Police. The petitioner came to be arrested on 29.04.2021 and remanded to judicial custody.

Petitioner has filed bail application and the same came to be rejected by Addl. District and Sessions Judge, FTSC-1 at Koppal by order dated

24.05.2021. Therefore, the petitioner is before this Court, seeking bail.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.

It is the contention of the learned counsel for the petitioner/accused that petitioner is innocent, he has not committed any offence as alleged against

him and he has been falsely implicated in the case. He further contended that the victim girl is aged 17 years and on looking to her statement recorded

by Magistrate under Section 164 of Cr.P.C., she had love affair with the petitioner. As her marriage has been fixed with some other guy she

voluntarily went with the petitioner and petitioner had sexual intercourse with her. He further contended that the doctor who examined the victim girl

has opined that there are no external injuries on the body and genital of the victim girl. The Investigation is over, charge sheet has been filed and

therefore, the petitioner is not required for any custodial interrogation. The petitioner is in judicial custody since 29.04.2021. The petitioner has

undertaken to furnish surety and abide by the terms and conditions to be imposed by this Court. With this, he prayed for allowing the petition.

Per contra, learned High Court Government Pleader has contended that, the date of birth of the victim-girl is 25.05.2004 and her age is 17 years as

on the date of offence. On perusal of the entire charge sheet material, there is a prima facie case against the petitioner/accused for the offences

alleged against him. It is his further submission that if petitioner/accused is released on bail, he will tamper the prosecution witnesses and flee from

justice. With this, he prayed to dismiss the petition.

Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has

gone through the charge sheet records.

The date of birth of the victim girl is 25.05.2004 as per school records and she is aged about 17 years as on the date of offence. The statement of

victim has been recorded under Section 164 of Cr.P.C. and in the said statement, she has stated that she and petitioner were liking each other and her

parents have fixed her engagement with some other guy and fixed her date of marriage on 23.05.2021 and therefore she and petitioner decided to

marry each other and they went to Annigere and stayed in a godown area and petitioner had sexual intercourse with her and Police secured them on

29.04.2021 when they were on the way to Hospet. On looking to the said statement, it is clear that there is a love affair between petitioner and the

victim girl. The doctor who examined the victim girl has opined that there are no external injuries over her body and on her genital. The victim girl was

aged about 17 years as on the date of the offence and she was of the age of understanding the consequences of her acts. The Medical examination

report of the victim girl reveals that there are no external injuries over her body and on genital. As the charge sheet has been filed, petitioner is not

required for any custodial interrogation. Petitioner is in judicial custody since 29.04.2021. The petitioner has no criminal antecedents. The main

objection of the prosecution is that in the event of granting bail, the petitioner will hamper the investigation and tamper the prosecution witnesses may

be set right by imposing stringent conditions.

In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail

subject to certain terms and conditions. Hence, I proceed to pass the following:

ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused shall be released on bail in Crime

No.38/2021 of Koppal Women Police Station subject to the following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of

the jurisdictional Court. Due to COVID-19, the petitioner is permitted to furnish surety within two months. If circumstances arise, the jurisdictional

Court is permitted to extend the period for furnishing surety.

ii) The petitioner shall not indulge in tampering the prosecution witnesses.

iii) The petitioner shall attend the Court on all dates of hearing unless exempted and co- operate in speedy disposal of the case.