Manjunatha vs State By Chintamani & Ors

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.S.C.No.93/2024, pending on the file of IV Additional District and Sessions Judge, Chikkaballapura, registered for offences punishable under Sections 363 and 376(2)(n) of Indian Penal Code and Sections 4, 6 and 12 of Protection of Children from Sexual Offences Act.

Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Respondent No.2 is present before this Court.

Learned counsel for petitioner would contend that, there was love affair between the petitioner and the victim girl. The victim girl is aged seventeen (17) years and she is of the age of understanding the consequences of her acts. The victim girl went with the petitioner to different places namely Chintamani, Mysuru, Bengaluru and stayed with him in the house of relative of the petitioner itself indicate that she voluntarily went along with him and she is having love affair with him. The evidence of victim girl has already been recorded and therefore, there is no threat to the victim girl. The petitioner is in judicial custody since 28.04.2024 and as the charge sheet is filed, he is not required for further custodial interrogation. With these, he prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, the victim girl is aged sixteen (16) years. The victim girl in her statement recorded under Section 164 of Cr.P.C. has specifically stated the acts of this petitioner having sexual intercourse on her. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition.

Respondent No.2 who is present before the Court submits that, if the petitioner is granted bail, he will threaten the victim girl and it will affect the education of the victim girl who is studying in II PUC. Hence, he prays for dismissal of the petition.

Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

As per the charge sheet, the case of the prosecution is that, the petitioner/accused stating that, he is loving the victim girl and took her on his motorcycle to Chintamani, Mysuru and Bengaluru and stayed in the house of his relative and had sexual intercourse on the victim girl. The date of birth of the victim girl as per prosecution case is 09.10.2008. As on the date of incident, the victim girl was aged more than sixteen (16) years. The very fact that the victim girl went on the motorcycle of the petitioner from her place to Chintamani, Mysuru and Bengaluru and stayed with him in the house of his relative indicate that she was having love affair with the petitioner. The victim girl has already been examined and therefore, there is no question of petitioner threatening the victim girl. The petitioner is in judicial custody since 28.04.2024 and as the charge sheet is filed, the petitioner is not required for further custodial interrogation. The victim girl is of the age of understanding the consequences of her acts. The apprehension of respondent No.2 can be met with by imposing stringent conditions.

Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted bail in Spl.S.C.No.93/2024 pending on the file of IV Additional District and Sessions Judge, Chikkaballapura, subject to 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 trial Court.

ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

iv) The petitioner shall not threaten the victim girl and shall not be meet her till the disposal of the case registered against him.