Karnataka High Court
Thilakarajshekar C vs The State By on 8 December, 2021
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1044/2021
BETWEEN:
THILAKARAJSHEKAR C.,
S/O CHRISTOPHER,
AGED ABOUT: 22 YEARS,
R/AT: NO. 69-T-02,
10TH CROSS, BHARATHIDASA NAGARA,
HOSUR TOWN, KRISHNAGIRI DISTRICT,
TAMILNADU STATE.
... APPELLANT
(BY SRI. RAJESH RAO K., ADVOCATE (PH))
AND:
1. THE STATE BY,
R.M.C. YARSD P.S. REPRESENTED BY,
THE GOVERNMENT PLEADER,
HIGH COURT OF KARNATKA,
BENGALURU - 560 001.
2. BALARAMA
S/O LATE GURUSWAMY,
AGED 40 YEARS,
R/AT: NO-91,
SANJAYAGANDHI NAGARA,
PIPELINE ROAD,
YESHWANTHAPURA,
BENGALURU - 560 022.
...RESPONDENTS
(BY SMT. LEENA C. SHIVAPURMATH, HCGP FOR R1 -(PH)
R2 - SERVED)
2
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT, PRAYING TO RELEASE THE
APPELLANT ON BAIL IN CONNECTION WITH THE
SPL.C.NO.150/2021 IN CR.NO.150/2020, REGISTERED BY
THE R.M.C.YARD POLICE STATION, FOR THE OFFENCE
P/U/S 363,366,376 OF IPC AND SECTION 4,5(L) AND 6 OF
POCSO ACT AND SECTION 3(2)(5) OF SC/ST (POA) ACT
PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, FTSC-1, BENGALURU.
THIS CRIMINAL APPEAL IS COMING ON FOR
ADMISSION, THROUGH VIDEO CONFERENCE/PHYSICAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING;
JUDGMENT
Heard the learned counsel for petitioner and learned High
Court Government Pleader for state and perused the material
on record.
2. Respondent No.2/defacto complainant has been
served but there is no representation.
3. This appeal is preferred under Section 14(A)(2) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act 1989, praying to set aside the order passed by
the learned Sessions Judge dismissing the petition filed under
Section 439 of Cr.P.C.
4. Appellant is the sole accused in crime No.150/2020
registered at R.M.C.Yard Police Station. On completion of
investigation, charge sheet has been laid for offence punishable
under Sections 363, 376, 366 of IPC and Section 4,5(l) and 6 of
the POCSO Act 2012 and Section 3(2)(5) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act.
5. It is contended by the learned counsel for appellant
that there is an inordinate delay in lodging the complaint and
the medical evidence also does not support the case of
prosecution. He contends that the victim has not alleged that
the appellant has committed sexual assault on her. He submits
that now the investigation is completed and charge sheet has
been filed. The petitioner is a young boy and he is in judicial
custody from 20.11.2020. He is ready and willing to abide by
any conditions. He submits that the learned Sessions Judge
without properly appreciating the material on record has
erroneously rejected the petition filed under Section 439 of
Cr.P.C. Accordingly, he seeks to allow the appeal.
6. Learned High Court Government Pleader has
opposed the prayer, contending that victim is a tender aged girl
and she has clearly stated that she was induced and forcibly
taken by the appellant to Tamil Nadu and he repeatedly
committed sexual assault on her. She further contends that
the offence committed by the accused is heinous in nature,
therefore, he is not entitled for any relief sought in the appeal.
7. The victim's father lodged a missing complaint on
18.11.2020, stating that, on 13.11.2020, at about 1.00 p.m.,
his minor daughter aged about 14 years went out of the house
and did not return. On the basis of the said complaint, case
was registered under Sections 363 of IPC against unknown
persons. The victim girl was secured on 18.11.2020 and her
statement was recorded under Section 161 as well as 164 of
Cr.P.C.
8. It is relevant to see that in the statement recorded
under Section 164 of Cr.P.C, though the victim has stated that
the accused took her to Salem, to the house of his relative and
they stayed there for about 03 days, she has not alleged that
she was subjected to sexual assault by him. As per medical
examination report, there was no evidence of recent sexual
intercourse and mentioned that hymen appears to be intact.
The case of the prosecution that the victim was subjected to
penetrative sexual assault, has to be established by the
prosecution in a full fledged trial.
9. The appellant was arrested on 20.11.2020. He is
aged about 22 years. He has undertaken to abide by conditions
and to regularly appear before the trial Court. Hence the
following:
ORDER
Appeal is allowed.
The order dated 09.02.2021 passed in criminal
miscellaneous No.1089/2021 on the file of the court of LXX
Additional City Civil and Sessions Judge and Special Judge at
Bengaluru, is hereby set aside.
The petition filed by the appellant under Section
439 of Cr.P.C. before the Sessions Court is allowed. Appellant
shall be enlarged on bail in special C.No.150/2021, arising out
of crime No.150/2020 of R.M.C. Yard police station, subject to
following conditions:
i) Appellant shall execute a personal bond in a sum of
Rs.50,000/- (Rupees Fifty Thousand only) with two
sureties for likesum, out of which one shall be a
local surety, to the satisfaction of the jurisdictional
Court.
ii) Appellant shall furnish proof of his residential
address/ place of stay and shall inform the
I.O/Court, in case of change in the address.
iii) Appellant shall not tamper with the prosecution
witnesses directly/indirectly.
iv) Appellant shall not threaten and induce the victim
in any manner.
v) Appellant shall appear before the trial Court on all
dates of hearing without fail.
vi) Appellant shall mark his attendance before the
concerned police station on every Saturday between
10.00 a.m. and 5.00 p.m., till conclusion of trial or
untill further orders.
Sd/-
JUDGE
JY
