Govindaraju vs State Of Karnataka & Others

S Vishwajith Shetty, J

Accused in Spl. SC No.73/2023 pending before the Court of Additional Sessions Judge, Fast Track Special Court – 1 (POCSO), Chikkaballapur arising out of Crime No.89/2023 registered by Gowribidanur Rural Police Station, Chikkaballapura District for the offences punishable under Sections 366, 376(3), 376(2)(n) of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) and under Section 6 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short) is before this Court seeking regular bail.

Heard the learned counsel for the parties.

On the complaint of Netravathi dated 22.05.2023, FIR in Crime No.89/2023 was registerd by Gowribidanur Rural Police Station, Chikkaballapura District against the petitioner herein for the offence punishable under Section 363 of IPC. The complainant, who is the mother of the minor victim girl has averred in the complaint that on 18.05.2023 at about 10.30 a.m., the victim girl had gone out of her house stating that she would be going to her grand-mother's house. However, she had not gone to her grand-mother's house therefore, the complainant and her relatives made efforts to trace the victim girl. The complainant learnt that the petitioner, who is from their village, had taken the victim girl along with him. It is under these circumstances; she had approached the police and lodged a complaint.

During the course of investigation in the case, the petitioner was arrested on 23.05.2023. The victim girl was found along with the petitioner in his sister's house. The petitioner and the victim girl were brought back and victim girl was subjected to medical examination. Her statement was also recorded under Section 164 of Cr.P.C. by the jurisdictional Magistrate. Investigation in the case is completed and the charge sheet has been filed. Petitioner's bail application filed before the Court of Additional Sessions Judge, Fast Track Special Court - I (POCSO) at Chikkaballapur in Crl. Misc. No.331/2023 was rejected on 30.06.2023. Under these circumstances, the petitioner 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 the victim girl had voluntarily accompanied him and stayed with him. He further submits that investigation in the case is completed and the charge sheet has been filed. Accordingly, prays to allow the petition.

Learned HCGP has opposed the bail application and submits that the victim girl is a minor and therefore, the alleged offences get attracted against the petitioner. Therefore, prays to dismiss the petition.

FIR in Crime No.89/2023 was registered against the petitioner initially for the offence punishable under Section 363 of IPC. In the complaint itself it is averred that after the minor girl was found missing, the complainant during the course of her attempt to trace her, was informed by her villagers that the petitioner had taken the victim girl along with him. The material on record would go to show that on 18.05.2023, the petitioner and the victim girl had traveled from Chikkaballapur to Tirupati in a public transport and thereafter stayed in a room at Tirupati for two days. From Tirupati, they had returned to Doddaballapura and had stayed in the house of petitioner's sister. The police had apprehended the petitioner in the said house and they had brought back the petitioner and the victim girl.

The victim girl during the course of her medical examination has stated before the Doctor that she had stayed with the petitioner for four days. Victim girl's statement under Section 164 of Cr.P.C. was recorded by the jurisdictional Magistrate on 25.05.2023. Even before the learned Magistrate, the victim girl has stated that she had gone along with the petitioner to Tirupathi on 18.05.2023 and had stayed in a room and had sexual intercourse. Subsequently, they had traveled from Tirupati to Doddaballapur and stayed in the house of petitioner's sister and during their stay in the said house, they had sexual intercourse. Further she has stated that the petitioner was in love with her. Before the Doctor or before the learned Magistrate, who has recorded her statement, the victim girl has not stated that the petitioner had sexual intercourse with her forcibly against her wishes. Investigation in the case is completed and the charge sheet has been filed. Petitioner is in custody from 23.05.2023. Undisputedly, he has no criminal antecedents. The allegation against the petitioner is required to be proved in full fledged trial. Under these circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in Spl. SC No.73/2023 pending before the Court of Additional Sessions Judge, Fast Track Special Court - 1 (POCSO), Chikkaballapur arising out of Crime No.89/2023 registered by Gowribidanur Rural Police Station, Chikkaballapura District for the offences punishable under Sections 366, 376(3), 376(2)(n) of IPC and under Section 6 of the POCSO Act, 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 the prosecution witnesses;

d) he petitioner shall not involve in similar offences in future.