Rahamathulla vs State of Karnataka

Budihal R.B., J.—This is the petition filed by the petitioner/accused No. 1 u/s 439 of Cr. P.C. seeking his release on bail in Crime No. 174/2013 registered in respondent police station for the offences punishable u/s 366(A), 343, 376 R/W 34 of IPC and Sections 3(1)(xi), 3(2)(v) of SC/ST (POA) Act and Section 8 of the POCSO Act.

Heard the arguments of the learned counsel appearing for the petitioner/accused No. 1 and also heard the learned High Court Government Pleader for the respondent State.

Learned counsel appearing for the petitioner/accused No. 1 during the course of his arguments submitted that it is the case of the prosecution that the victim girl who was aged about 17 years was studying in II PU, Vivekananda College, Pavagada and on 13.11.2013 she went to the college and did not return home.

Learned counsel made the submission, that the prosecution case is petitioner herein said to be apprehended on 19.11.2013 in the RV Lodge, Devanahalli and he was arrested and taken into the custody. The counsel made the submission that when the victim girl is aged about 17 years studying in the II PU she is not suppose to go with the present petitioner if there is no reason for her. Counsel made the submission that the material goes to show that she herself voluntarily went in the Auto as alleged by the prosecution. He also submitted that looking into the examination of the victim girl so far as the alleged offences are concerned it is clearly mentioned in the final opinion that there is no signs of sexual intercourse and presence of seminal satin was not detected on item No. 1, 2, 3, 4, 6, 7, 8 and 10. He made the submission that looking into the findings of the FSL which also supports the case of the petitioner that no such incident of the alleged rape has taken place and he has been falsely implicated in the case. Hence he made the submission that now investigation is completed and charge sheet is filed, by imposing any reasonable conditions petitioner may be enlarged on bail.

As against this, the learned High Court Government Pleader during the course of his arguments submitted that looking to the statement of the victim girl, she has stated that when she was waiting for the bus in the bus stand, mother of the present petitioner called her and told that they can travel in the Auto belonging to the petitioner, so she agreed for the same and went along with the mother of the petitioner in the said Auto. He also made the submission that material collected and the statement of the victim girl itself go to show that the petitioner sent back the mother and took the victim girl along with him then he committed sexual intercourse with her. Hence he made the submission that material collected during investigation clearly goes to show that there was a forcible intercourse with the victim girl. Hence petitioner is not entitled to the grant of bail.

I have perused the averments made in the bail petition, FIR, complaint and other material placed on record and also the medical reports produced by the learned counsel appearing for the petitioner.

Looking into the medical records and also the final opinion of the doctor that there is no aspects of sexual intercourse and presence of seminal stain was also not detected on the items which have been sent for the examination by the FSL. Perusing local examination of the victim girl it is mentioned in the clinical report no discharge was stained. Looking into the opinion of the doctor as to when exactly alleged intercourse taken place he opined that it cannot be given. Considering these materials on record, I am of the opinion that petitioner has made out a case to release him on bail. Now the investigation is completed and charge sheet has been filed. The alleged offences are not punishable for death or imprisonment of life and to secure the presence of the petitioner before the Trial Court during the trial proceedings stringent conditions can be imposed which will safe guard the interest of the prosecution.

Accordingly, petition is allowed. Petitioner/accused No. 1 is ordered to be released on bail in Crime No. 174/2013 registered in respondent police station for the offences punishable u/s 366(A), 343, 376 R/W 34 of IPC and Sections 3(1)(xi), 3(2(v) of SC/ST (POA) Act and Section 8 of the POCSO Act, subject to following conditions.

Petitioner to execute a personal bond for Rs. 50,000/-(Rupees Fifty Thousand Only) and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.

Petitioner shall not tamper the prosecution witnesses directly or indirectly.

Petitioner shall appear before the concerned Court regularly.