Muttappa vs State of Karnataka

K.N. Phaneendra, J.—Heard. Perused the records.

A person by name Shekar lodged a first information report stating that he has a sister by name Rekha and her friend by name Geetha, all are residing at Malaghana Thande, Basavana Bagewadi. The said Geetha is the daughter of one Poolsingh and they are the neighbours of the complainant. It is further alleged that on 4.9.2014, Rekha and Geetha were eloped with the petitioner and one Anil. In spite of best search by the complainant and others, they could not able to locate the whereabouts of the petitioner, Anil, Rekha and Geetha. In this background, it is alleged that the petitioner and Anil knowing fully well that the complainant and his family members and Poolsingh belong to he Scheduled Caste and in spite of that, with an intention to commit an offence of rape, they abducted the said Geetha and Rekha. On the basis of such complaint, the Police have registered a case in Crime No. 149/2014 for the offence punishable under Section 366A read with 34 of I.P.C. and also u/s. 3(1)(x) and (xi) of the SC/ST (PA) Act and also u/s. 12 of the Protection of Children from Sexual Offences Act. The Police have investigated the matter and submitted the charge sheet for the offence punishable under Section 366A, 376 of I.P.C. and Section u/s. 3(1)(x) and (xi) and 3(2)(v) of the SC/ST (PA) Act and also u/s. 12 of the Protection of Children from Sexual Offences Act.

It is seen from the records that during the course of investigation, the Police have arrested the petitioner on 8.9.2014 and since then, he has been in judicial custody. The victim-girl Geetha and the petitioner were subjected to medical examination. The Department of Forensic Medicine has issued a certificate which discloses that the said Geetha was aged between 16 to 18 years. It is specifically stated that she has crossed 16 years and she was below 18 years, during the course of investigation, the Police have also got examined the victim-girl u/s. 164 of Cr.P.C. before the JMFC, Basavana Bagewadi. The statement is produced before the Court and on careful perusal of the same, the said Geetha who went along with the petitioner, gave statement that she was aged 18 years and she has categorically stated that she was in deep love with the present petitioner and they went together to Bijapur and from there to Goa and with the consent of this girl, the petitioner have had sexual connection with this girl. In fact, they were loving each other and wanted to marry. The petitioner never caused any inconvenience to her. About three months prior to her statement, it is alleged that petitioner had sexual intercourse with her. When they were staying at Goa, they received the phone call from petitioner''s father, who assured that he would perform the marriage with that girl and requested them to return to the village. On that assurance they came back, but as soon they came back, the petitioner was arrested. The above said circumstance clearly discloses that there is discrepancy with regard to the age of the girl. She has crossed 16 years and she was below 18 years. According to her own statement, she was aged 18 years. Further added to that, after eloping, it appears, he has not committed any sexual intercourse, but two - three months prior to the incident, he had sexual intercourse according to the statement. In the above said circumstances, due to infatuation, the petitioner as well as the girl might have joined together and voluntarily went together. Therefore, at this stage, it cannot be said that the petitioner is not entitled for bail. However, the prosecution is at liberty to prove the allegations made during the course of full dressed trial. In the above said circumstances, the petitioner has made out a ground for grant of bail.

Hence, the following order:

The petition filed under Section 439 of Cr.P.C., is allowed. Consequently, the petitioner shall be released on bail in Special Case No. 46/2014 (Crime No. 149/2014) pending on the file of II Addl. Sessions Judge and Special Judge, Bijapur, 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 two solvent sureties for the likesum to the satisfaction of the jurisdictional/Trial Court.

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

iii) The petitioner shall appear before the Jurisdictional/Trial Court on all the future hearing dates unless prevented by any genuine cause.

iv) The petitioner shall not leave the jurisdiction of the jurisdictional/Trial Court without prior permission, till the disposal of the case registered against him stands disposed off.