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2021 DIGILAW 622 (KAR)

Arun v. State of Karnataka

2021-06-01

K.NATARAJAN

body2021
ORDER : K. Natarajan, J. 1. This petition is filed by petitioner-accused under Section 439 of the Code of Criminal Procedure, 1973, (for short, 'the Cr.P.C.') for granting regular bail in Crime No. 283 of 2020 registered by Nandini Layout Police Station, Bengaluru, for the offences punishable under Sections 6 and 5(L) of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and 376 of the Indian Penal Code, 1860 (for short, 'the IPC'). 2. Heard the arguments of the learned Counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 3. The case of the prosecution is that, one Amuda, mother of the victim girl, lodged a complaint to the Police on 23-11-2020 alleging that her daughter, who is aged 17 years was studied up to 8th standard, since then her daughter was staying in the house for a period of 5 years, about 2 months prior to the lodging of the complaint, her daughter was suffering from stomachache, she took the victim girl to the K.C. General Hospital, on going through the medical check up, the doctor after examining her informed that the victim girl is pregnant. On enquiring her, she disclosed the fact that she fell in love with the accused, thereafter she made a phone call to the accused to enquire about this matter, but accused's phone was switched off. After registering the case, the police have apprehended the petitioner on 20-11-2020. The petitioner was remanded to judicial custody. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition. 4. On perusal of records as well as statement of victim girl under Section 164 of Cr.P.C., goes to show that victim girl fell in love with the petitioner and they had sexual affairs between them and as a result of which she became pregnant. Later the said fact is reported to her mother when she was suffering from stomach ache and the accused is responsible for the pregnancy. When the mother of the accused enquired about this aspect of the matter over phone, the accused switched off his phone. It is the case of the prosecution that the petitioner and victim girl both fell in love and there after the accused had sexual relationship with the victim girl, due to which, the victim girl became pregnant. When the mother of the accused enquired about this aspect of the matter over phone, the accused switched off his phone. It is the case of the prosecution that the petitioner and victim girl both fell in love and there after the accused had sexual relationship with the victim girl, due to which, the victim girl became pregnant. After knowing the fact that the victim girl became pregnant, the accused left her and cheated her without marrying her. 5. Learned Counsel for the petitioner submits that victim girl has completed 18 years, for the purpose of lodging the complaint, the mother of the victim girl shown the age of the victim girl as 17 years. Learned Counsel further contended that there is no external injuries to the victim, and it clearly indicates that the sexual act is not against her will. Learned Counsel also submits that in the statement recorded under Section 164 of Cr.P.C., there is no averment that sexual act was against her will. Hence, in view of the completion of the investigation, and charge sheet has been filed partially, there is no need to have the custodial trial. Further DNA test is yet to receive by the police. Though the statement under Section 164 Cr.P.C. by the Magistrate through the police was on 30-1-2021, but the charge sheet was filed on 26-1-2021. 6. Upon hearing the arguments and perusal of the records, goes to show that, the victim girl already completed 18 years and she fell in love with the accused-petitioner, as a result, she became pregnant and this fact was not disclosed to her mother until she had a stomach ache and she had also gave birth to a male child. Moreover, the petitioner is ready to marry the victim girl and family of the victim girl are also ready to give the victim girl to petitioner for marriage. 7. Looking into the facts and circumstances, without expressing any opinion on the merits of the case, if the petitioner is granted bail by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, I pass the following: ORDER Criminal petition is allowed. 7. Looking into the facts and circumstances, without expressing any opinion on the merits of the case, if the petitioner is granted bail by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, I pass the following: ORDER Criminal petition is allowed. The trial Court is directed to release the petitioner/accused on bail in Crime No. 283 of 2020 registered by Nandini Layout Police Station, Bengaluru, for the offences punishable under Sections 376 of the IPC and Sections 5(L) and 6 of the POCSO Act, subject to the following conditions: i) Petitioner shall execute a personal bond in a sum of ` 1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the trial Court; ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly; iii) Petitioner shall not indulge in any similar offences strictly; and iv) Petitioner shall take up the trial without causing any delay.