Gowthamgowda T.M vs State Of Karnataka & Ors.

S Vishwajith Shetty, J

Accused in Spl.C.No.326/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Hassan District, arising out of Crime No.117/2024 registered by Holenarasipura Town Police Station, Hassan District for the offences punishable under Sections 363 & 376 of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court seeking regular bail.

Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1.

Respondent No.2 who is served in the matter has remained unrepresented before this Court.

FIR in Crime No.117/2024 was registered by Holenarasipura Town Police Station, Hassan District against unknown person initially for the offence punishable under Section 363 of IPC on the basis of first information dated 05.05.2024 received from respondent No.2 herein who is the father of the victim girl, aged about 17 years as on the said date. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested and produced before the jurisdictional Court on 12.05.2024 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences.

The bail application filed by the petitioner before the Sessions Court in Spl.C.No.326/2024 was dismissed on 10.10.2024. Therefore, he is before this Court.

Learned counsel for the petitioner submits that the petitioner and the victim girl are in love. The petitioner and the victim girl have visited various places together and they also have stayed together. The petitioner, who is aged about 19 years is in custody for the last six months. Investigation of the case is completed. The petitioner is a student studying PUC. Accordingly, he prays to allow the petition.

Per contra, learned HCGP for respondent No.1 has opposed the petition. He submits that the victim girl is a minor. Therefore, the alleged offences get attracted against the petitioner. Accordingly, he prays to dismiss the petition.

The first informant who approached the police on 05.05.2024 had submitted a complaint wherein it is stated that his minor daughter aged about 17 years had gone to college on 02.05.2024 but had not returned home. Efforts made to trace her had failed. Therefore, he had approached the police. During the course of investigation of the case, the petitioner and the victim girl were traced together.

The victim girl was subjected to medical examination before the doctor, who has medically examined the victim girl and before the doctor she has stated that she was in love with the petitioner for the last ten months and she had gone along with him and had sex twice on mutual consent. Thereafter, she returned to her friend house and stayed there till she was brought back by the police. In her statement that was recorded under Section 164 of Cr.P.C, on 14.05.2024 by the learned Magistrate, she has stated that she was in love with the petitioner for the last ten months and they have gone together to various places. She has stated that she had stayed in the house of the petitioner and had sex. She has not made any allegation against the petitioner that he had forcible sexual intercourse with her against her wishes.

The petitioner is aged about 19 years and the victim girl is aged about 17 years. Both of them are students. The petitioner is in custody from 12.05.2024 and he has no criminal antecedents. Investigation of the case is complete and charge sheet has been filed. Continued detention of the petitioner, who is aged about 19 years would have adverse impact upon his career and future prospect.

Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Spl.C.No.326/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Hassan District, arising out of Crime No.117/2024 registered by Holenarasipura Town Police Station, Hassan District for the offences punishable under Sections 363 & 376 of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:

a) The petitioner shall execute a 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) 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.