IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF OCTOBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.4739/2020

BETWEEN:
Sri.Hemanth,
S/o Nagarajappa,
Aged about 22 years,
Resident of Kagalagere Village,
Holalkere Taluk,
Chitradurga District – 577 526.
...Petitioner
(By Sri. Srinivas.N, Advocate)

AND:

1. State of Karnataka by
Chikkajajuru Police Station,
Chitradurga District – 577523.
Rep. by SP, High Court of
Karnataka, Bengaluru – 560001.

2. Geetha,
D/o Annappa,
Aged about 42 years,
Resident of Muthungada Village,
Holalkere Taluk,
Chitradurga District – 577526.
...Respondents
(By Sri. Mahesh Shetty, HCGP for R1
R2 service of notice dispensed with)
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This Criminal Petition is filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.245/2018 of Chikkajajur Police Station, Chitradurga
for the offence punishable under Sections 363, 366-A,
376(2)(n) of IPC and Sections 4 and 6 of POCSO Act.

This Criminal Petition coming on for Orders

‘through Video Conference’, this day, the Court made
the following:

ORDER

The present petition has been filed by petitioner-

accused No.1 under Section 439 of Cr.P.C., to release

him on bail in Crime No.245/2018 of Chikkajajur Police

Station (Spl.C.(POSCO) No.6/2019 pending on the file of

2nd Additional District and Sessions Judge, Chitradurga)

for the offences punishable under Section 363, 366A,

376(2)(n) of IPC and Section 4 and 6 of Protection of

Children from Sexual Offences Act, 2012.

2. I have heard the learned counsel

Sri. Srinivas N for the petitioner – accused virtually and

learned High Court Government Pleader

Sri. Mahesh Shetty for respondent No.1– State. Notice

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to respondent No.2 is dispensed with as she has crossed

17 years.

3. The gist of the case of the prosecution is that

on 11.12.2018, the daughter of the complainant left

house to attend her college and did not return home. At

8.00 pm on the same day, her daughter called her

mother and informed that she would stay back in her

friend’s house and she would return back. As her

daughter did not return, on 13.12.2018 she went near

the college and enquired with her daughter’s friends and

came to know that the accused and his uncle Papanna

had dragged and kidnapped her daughter on their

motorbike. On enquiry with the wife of Papanna, she

revealed that her husband has not returned home. With

the help of relatives and neighbors they tried to trace

the victim. As they were not traced, complaint was filed

and a case was registered.

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4. It is the submission of learned counsel for

the petitioner-accused that petitioner-accused No.2 has

been released on bail. On the ground of parity accused

No.1 is also entitled to be released on bail. It is his

further submission that victim was aged about 17 years

4 months as on the alleged date of incident and the

material goes to show that there is no sexual assault

committed by the petitioner-accused No.1. It is his

further submission that already statement of the victim

has been recorded under Section 164 of Cr.p.c and she

has supported the case of the prosecution.

Subsequently, she has got examined before the Court as

PW1 and there she has not supported the case of the

prosecution and she has been treated has hostile.

Under such facts and circumstances, the medical

evidence also substantiates the contention of the

petitioner-accused. The learned counsel for petitioner

submits that petitioner-accused No.1 is ready to abide

by any of the conditions that may be imposed by this

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Court and ready to offer sureties. On these grounds, he

prays to allow the petition.

5. Per contra the learned High Court

Government Pleader for respondent No.1 – State

strongly objected and contended that petitioner-accused

has tampered the evidence of the complainant. On

these grounds, he prays to dismiss the petition.

6. I have gone through the contentions taken

by the learned counsel appearing for the parties and

perused the records.

7. On perusal of the evidence of the victim

which has been recorded before the Special Court at

Chitradurga on 19.08.2019, it indicates that she has not

supported the case of the prosecution and has deposed

that nobody has eloped her and has not committed any

sexual assault on her.

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8. Taking into consideration the above facts and

circumstances, when victim was also examined before

the Court under such circumstances, I am of the

considered opinion that by imposing some stringent

conditions, if petitioner accused No.1 is ordered to be

released on bail, it is going to meet the ends of justice.

8. In that light, the petition is allowed.

Petitioner – accused No. 1 is ordered to be released on

bail in Crime No.245/2018 of Chikkajajur Police Station

(Spl.C.(POSCO) No.6/2019 pending on the file of 2nd

Additional District and Sessions Judge, Chitradurga) for

the offences punishable under Section 363, 366A,

376(2)(n) of IPC and Section 4 and 6 of Protection of

Children from Sexual Offences Act, 2012 with following

conditions:-

i) Petitioner–accused No. 1 shall execute

a personal bond for a sum of
Rs.2,00,000/- (Rupees Two lakhs only)
with two sureties for the likesum to the
satisfaction of the trial Court.
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ii) He shall be regular in attending the

trial Court proceedings.

iii) He shall not leave the jurisdiction of

the Court without prior permission.

iv) He shall not threaten or tamper the

prosecution evidence directly or
indirectly.

v) He shall not indulge in similar type of

criminal activities.

vi) He shall mark his attendance once in a

month on every first till the trial is
concluded.

vii) If any one of the conditions is violated,

the bail is liable to be cancelled.

Sd/-
JUDGE

ag