Varun Raj S vs State Of Karnataka, State By Hebbagodi Ps, Represented By State Public Prosecutor, High Court Of Karnataka, Bengaluru - 560001 & Others

S Vishwajith Shetty, J

Accused No.1 in Spl.C.C.No.587/2023 pending on the file of Addl. District and Sessions Judge at Bengaluru Rural (FTSC-III), arising out of Crime No.113/2023 registered by Hebbagodi Police Station, Bengaluru District, for the offences punishable under Sections 366A, 344, 376(2)(I), 376(2)(n) of Indian Penal Code (for short hereinafter referred to as 'IPC') and Sections 4(1)(5(L), 6 of Protection of Children from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO') and under Sec.9 of Child Marriage Prohibition Act is before this Court under Section 439 of Cr.P.C. seeking regular bail.

Heard the learned Counsel for the petitioner and learned High Court Government Pleader for respondent-State. Respondent No.2-defacto complainant who is served in the matter has remained absent.

On the basis of the complaint dated 08.03.2023 lodged by the 2ndrespondent who is the mother of the victim girl, FIR in Crime No.113/2023 was registered by the Hebbagodi police station, Bengaluru District, initially for the offence punishable under Section 363 of IPC against the petitioner herein. In the complaint, it is averred that on 06.03.2023 at about 8.00 am, the complainant had gone out from the house for work and her minor daughter-victim girl who had not gone to the school was in her house. At about 2.00 pm, the victim girl had gone out of the house to purchase milk. But thereafter, she had not returned home. Efforts made by the complainant and her family members to trace the victim girl went in vain. The complainant suspected the hand of the petitioner in the case. Therefore, she had approached the police and lodged the complaint which had resulted in registering FIR in Cr.No.113/2023 by Hebbagodi police station against the petitioner. During the course of investigation in the said case, the petitioner and the victim girl were traced on 22.03.2023 and they were brought back to the village. The petitioner was produced before the jurisdictional court and remanded to judicial custody. The victim girl was subjected to medical examination and her statement was recorded under Section 164 of Cr.P.C., before the learned jurisdictional Magistrate. Investigation is completed and charge sheet has been filed. The petitioner's bail application filed before the Court of Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru in Crl.Misc.1673/2023 was rejected on 01.09.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.

Learned counsel for the petitioner submits that investigation in this case is completed and charge sheet has been filed. Material on record would go to show that the petitioner and the victim girl were in love. The victim girl has voluntarily accompanied the petitioner and they got married. The victim girl has not made any serious allegation about forcible sexual assault on her by the petitioner. The petitioner who is aged about 22 years has no criminal antecedents and he is in custody from 22.03.2023 onwards. Accordingly, prays to allow the petition.

Per contra, learned High Court Government Pleader opposed the bail petition and submits that the victim girl is a minor, aged about 16 years. Therefore, the alleged offences get attracted against the petitioner and accordingly, prays to dismiss the petition.

FIR in Cr.No.113/2023 was registered by the Hebbagodi police station against the petitioner herein based on the complaint lodged by the mother of the victim girl. In the complaint itself, the complainant had suspected the hand of the petitioner after the victim girl was found missing from her house on 06.03.2023. During the course of investigation, the petitioner and the victim girl were traced in Koonikere Village, Hiriyuru Taluk, Chitradurga District on 22.03.2023. The victim girl was subjected to medical examination and before the doctor the victim girl has stated that she and the petitioner were in love since three years and they went to Tali village on 06.03.2023 and thereafter, they had traveled to Tamil Nadu and got married. She has stayed in Tamil Nadu in petitioner's friend's house and thereafter, they traveled to Hiriyuru Taluk, Chitradurga District and stayed there till 22.03.2023. Even in her statement recorded under Section 161 of Cr.P.C. and section 164 of Cr.P.C., she has reiterated the same. She has also stated that her mother came to know about the love affair between her and the petitioner and her mother had advised not to meet the petitioner but despite the same, she continued to meet the petitioner and subsequently, on 06.03.2023, she had gone along with the petitioner and they had traveled together to Tali Village, Tamil Nadu and stayed in petitioner's friend's house.

From the perusal of the entire material on record, it is clear that the victim girl who was aged 16 years was in love with the petitioner for the last three years and the said relationship was objected by the mother of the victim girl. It appears that the petitioner and the victim girl had gone together and got married and they stayed together till they were traced by the police. Investigation is completed and charge sheet has been filed. The allegation against the petitioner is required to be proved during full-fledged trial. The petitioner who has no criminal antecedents is in judicial custody from 22.03.2023 and he is aged about 22 years. Hence, I am of the opinion that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, I pass the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be released on bail in respect of SPL.C.NO.587/2023 (arising out of Crime No.113/2023 registered by Hebbagodi Police Station, Bengaluru District pending on the file of Addl. District and Sessions Judge at Bengaluru Rural (FTSC-III), for the offence punishable under Section 366A, 344, 376(2)(I), 376(2)(n) of IPC and Sections 4(1)(5(L), 6 of POCSO Act and under Sec.9 of Child Marriage Prohibition Act, subject to the following conditions:-

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety 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 involve in similar offences in future;

e) 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.