Sandeep vs State Of Karnataka & Others

S Vishwajith Shetty, J

Accused in Crime No.77/2023 registered by Kamakshipalya Police Station, for the offence punishable under Sections 363, 366, 376, 343 of IPC and Section 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 is before this Court seeking regular bail.

Heard the learned counsel for the parties.

On the complaint of Sri.Nagaraju, dated 12.02.2023, Kamakshipalya Police, Bengaluru had registered F.I.R. in Crime No.77/2023 against unknown persons for offence punishable under Section 363 of IPC. In the complaint it is alleged that his minor daughter aged about 17 years was working in a factory and also studying her PUC education. On 11.02.2023 at about 8.00 am she had left the house and had gone to the College and she had carried mobile phone of her mother along with her. His minor daughter had not returned home on the said date. Efforts made by the complainant to trace her was in vain, and therefore, on the next date he had lodged the complaint, which had resulted in registering F.I.R. in Crime No.77/2023. During the course of investigation, petitioner and victim girl were traced on 16.02.2023 and they were brought back, ever since the petitioner is in custody. Minor girl was subjected to medical examination and her statement under Section 164 of Cr.P.C. was recorded. Investigation in the case is completed and charge sheet has been filed on 09.04.2023. Petitioner's bail application filed before the Court of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru in Crl.Misc.No.2221/2023 was dismissed on 15.05.2023. Under these circumstances, petitioner is before this Court.

Learned counsel for the petitioner submits that investigation in the case is completed and charge sheet has been filed. Petitioner is in custody since 16.02.2023. Material on record would go to show that victim girl had voluntarily gone with the petitioner and they had also married. Therefore, he prays to allow the petition.

Per contra, the learned HCGP has opposed the bail application and submits that victim girl was a minor and therefore, alleged offence is attracted against the petitioner and prays to dismiss the petition.

Material on record would go to show that initially complaint was lodged by the father of the victim girl on 12.02.2023, alleging that his daughter who had gone to her college on 11.02.2023 had not returned home. During the course of investigation the petitioner and victim girl were traced in the house of petitioner's sister at Laggere in Bengaluru. Material on record would go to show that on 11.02.2023 petitioner and victim girl had traveled in a car from Bengaluru to Dharmasthala and thereafter, returned to Sakaleshpura. At sakaleshpura they got married in a temple and thereafter, petitioner and victim girl had gone to the house of petitioner's aunt and had stayed there for a period of two days. From the said house petitioner had taken victim girl to his sister's house at Laggere in Bengaluru and stayed in the said house for two days. In her statement recorded under Section 164 of Cr.P.C., victim girl has revealed the above said aspects. She has also stated that during their stay in the petitioner's aunt house and in the petitioner's sister house, petitioner had sexual intercourse with her against her wish. Section 164 Cr.P.C., statement was recorded on 13.04.2023. Prior to the same, victim girl was subjected to medical examination on 17.02.2023. Before the doctor, she has stated that she had gone with her boyfriend-Sandeep from her college to Dharmasthala and had married Sandeep at Srimanjunatha Swamy Temple and thereafter, they had returned to the house of petitioner's aunt and subsequently, they had gone to the petitioner's sister house. In her statement before the Doctor she has not stated that petitioner had sexual intercourse with her against her wish. From the perusal of the statement made before the Doctor during her medical examination and also from the statement recorded under Section 164 Cr.P.C., it is evident that victim girl had voluntarily accompanied the petitioner. The victim girl was aged about 17 years as on the date of alleged offence. Investigation in the case is completed and charge sheet has been filed. Petitioner is in custody since 16.02.2023. Under these circumstances, I am of the view that, petitioner has made out a prima facie for grant of bail. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.77/2023, registered by Kamakshipalya Police Station, for the offence punishable under Sections 363, 366, 376, 343 of IPC and Section 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 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.

e) The petitioner shall not involve in similar offences in future.