Karnataka High Court
Sri Raju B N vs State By Bagepalli P S on 7 August, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 670 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 670 OF 2023
BETWEEN:
SRI RAJU B N
S/O NARASAPPA,
AGED ABOUT 26 YEARS,
R/AT 13TH WARD, BAGEPALLI,
AMBEDKAR NAGARA,
BAGEPALLI TALUK,
CHIKKABALLAPUR DISTRICT - 561 207.
...APPELLANT
(BY SRI. RAGHAVENDRA P.H., ADVOCATE)
AND:
1. STATE BY BAGEPALLI P S,
CHIKKABALAPUR DISTRICT.
Digitally signed by
2. SMT. ANASUBAI
LAKSHMINARAYANA
MURTHY RAJASHRI CDPO OFFICER,
Location: HIGH
COURT OF
BAGEPALLI TOWN,
KARNATAKA CHIKKABALLAPUR - 561 207.
...RESPONDENTS
(BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1
R2 SERVED & UNREPRESENTED)
THIS CRIMINAL APPEAL FILED U/S.14A(2) OF THE SC
AND ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER
DATED. 28/11/2022 IN THE CRL.MISC.NO.728/2022 FOR THE
OFFENCE P/U 376(3) OF IPC, SECTIONS 4, 6, 8, 12, 14 OF
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CRL.A No. 670 of 2023
POCSO ACT, 2012 AND UNDER SECTION 67(B) OF
INFORMATION TECHNOLOGY ACT, 2000 AND UNDER SECTIONS
3(1)(w), 3(2)(V) OF SC AND ST(PREVENTION OF ATROCITIES)
ACT, 1989 AND ORDER PASSED BY THE COURT OF
ADDITIONAL SESSIONS JUDGE AND FAST TRACK SPECIAL
COURT -1 (POSCO) AT CHIKKABALLAPUR AND ENLARGE HIM
ON BAIL IN CR. NO.157/2022, REGISTERED BY
CHIKKABALLAPUR SUB-DIVISION, BAGEPALLI POLICE
STATION, PENDING ON THE FILE OF ADDITIONAL DISTRICT
AND SESSIONS COURT, F.T.S.C.-1 CHIKKABALLAPUR
DISTRICT.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal has been filed by the accused No.3 seeking to
set-aside the order dated 28.11.2022 passed in Crl.A.
No.728/2022 by the learned Addl. Sessions Judge and Fast
Track Special Court-I (POCSO) Chikkaballapura (for short
'Special Court') wherein the bail petition filed by the
appellant/accused No.3 sought in respect of Crime
No.157/2022 of Bagepalli Police Station registered for the
offences punishable under Section 376 (3), 506 of Indian Penal
Code, 1860 and Sections 4, 6, 8, 12 & 14 of Protection of
Children from Sexual Offences Act, 2012 (POCSO Act) and
Section 67(B) of Information Technology Act, 2000 and
Sections 3(1)(w) and 3(2)(v) of Scheduled Castes and
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CRL.A No. 670 of 2023
Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to
be rejected.
2. Heard the learned counsel for the appellant and the
learned Addl. SPP for respondent No.1-State. The respondent
No.2 inspite of service of notice has remained absent and
unrepresented.
3. The case of the prosecution is that, respondent
No.2 - Child Development Project Officer, Bagepalli Town, has
filed a complaint stating that she has recorded the statement of
the victim girl, wherein the victim has stated that, on
11.04.2022, she travelled from Hongasandra to Bagepalli and
wrote Science SSLC exam and returned at about 2.30 p.m. to
Bagepalli bus stand. At that time, accused No.1-
Narayanaswamy made a phone call to her and she told him
that she is in bus stand. At that time, accused No.1 -
Narayanaswamy and accused No.2-Manjunath picked her on
two wheeler, wherein the accused No.2-Manjunath drove the
vehicle and accused No.1-Narayanaswamy sat in-between
accused No.2-Manjunath and victim girl and went to
Akkammagari Temple, on the top of the hill at Pathabageppali
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CRL.A No. 670 of 2023
village and thereafter, accused No.2-Manjunath came down and
after some time, he made a call to accused No.1 stating that
his vehicle is broke down and he has to repair it. Thereafter,
Narayanaswamy went again to the victim at about 3.30 p.m.
When accused No.1-Narayanaswamy was having a sexual
intercourse with the victim, at that time, friends of accused
No.2 viz., Raju-accused No.3 and Suresh-accused No.4, came
there. At that time, accused No.1 - Narayanaswamy got up
and wore his clothes and accused No.3 took photos and videos
of the victim when she is in the naked state and also asked her
to come with them and they will also look after her and told her
that they will also do what accused No.1 Narayanaswamy did to
her. At that time, accused No.4 Suresh threatened her telling
that if she did not cooperate, they will upload her naked photos
and videos on WhatsApp and YouTube. At that time, accused
No.2-Manjunath also came there and told her to cooperate to
three of them and at that time, accused No.1-Narayaswamy
scolded them and accused No.3 touched her thighs and at that
time, Narayanaswamy went and called the village people, who
came and scolded them and brought the victim to
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Pathabagepalli village and thereafter, the victim was brought to
Women Police Station.
The said complaint came to be registered in Crime
No.157/2022 of Bagepalli Police Station for the offences
punishable under Sections 376(3), 506 of IPC and Sections 4,
6, 8, 12 and 14 of POCSO Act.
The Investigating Officer after completing the
investigation, filed the charge sheet against accused Nos.1 to 4
for the offences punishable under Sections 376(3), 506 of IPC
and Sections 4, 6, 8, 12 and 14 of POCSO Act and Section
67(B) of Information Technology Act, 2000 and Sections
3(1)(w), 3(2)(v) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
4. The appellant/accused No.3 came to be arrested on
12.04.2022 and he is in judicial custody. The appellant filed
Crl.Misc.No.728/2022, seeking bail and the same came to be
rejected by the learned Sessions Judge by the order dated
28.11.2022. The said order is challenged in the instant appeal.
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5. The learned counsel for the appellant would
contended that there is no allegation of any sexual intercourse
by this appellant/accused No.3 and the only allegation against
him is that he took photos and videos of the victim girl and
threatened her to upload her photos and videos in WhatsApp
and YouTube, if she does not co-operate to have sex with him.
It is his further submission that this appellant/accused No.3
belongs to Scheduled Caste and therefore, the offences under
Section 3 of SC/ST (POA) Act are not attracted against him. He
further submits that accused No.4 who is similarly placed to
that of this appellant/accused No.3 has been granted bail by
this Court in Crl.A. No.2181 of 2022 by judgment dated
03.02.2023 and therefore, on the same ground the
appellant/accused No.3 is entitled for grant of bail.
Without considering these aspects, the learned Sessions
Judge has passed the impugned order which requires
interference by this Court. With this, he prayed to allow the
appeal and to grant bail to the appellant/accused No.3.
6. Per contra, learned Addl. SPP for the respondent-
State would contend that the statement of the victim girl has
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CRL.A No. 670 of 2023
been recorded by the police and also under Section 164 of
Cr.P.C., wherein the overacts of this appellant/accused No.3
are stated. This appellant/accused No.3 took the photo and
video of the sexual act of the victim and the accused No.1 and
threatened her to upload her nude photos and videos on
WhatsApp and Youtube if she did not co-operate for sexual
intercourse with them. He further submitted that the charge
sheet materials also prima facie show a case against the
appellant. Considering all these aspects, the learned Special
Judge has passed the impugned order which does not call for
interference of this Court. With this, he prayed to dismiss the
appeal.
7. Having regard to the submissions made by the
learned counsel for the appellant and learned Addl. SPP, this
Court has gone through the impugned order and the charge
sheet papers.
8. The statement of the victim girl recorded on
11.04.2022 reveal that after accused No.1 had sexual
intercourse with the victim girl, this appellant/accused No.4 and
one Raju - accused No.3, went there and accused No.3 took her
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CRL.A No. 670 of 2023
photos and videos when the victim was naked and accused
No.3 touched her thighs and asked her to co-operate for sexual
intercourse. At that time, this appellant/accused No.4, who
was with accused No.3, threatened to upload her naked photos
and videos in WhatsApp and Youtube if she does not cooperate
for sexual intercourse. At that time, accused No.2 also came
and he also threatened her to co-operate for sexual
intercourse. At that time, accused No.1 brought the villagers
and all the accused ran away from that place. The statement
of the victim girl is also recorded under Section 164 of Cr.P.C.
The mobile of accused No.3 has been seized which is stated to
have been used for recording the nude photos and videos of
the victim girl.
9. On looking to the entire charge sheet materials, it is
seen that, what is alleged against this appellant/accused No.3
is that he took nude video and photos of the victim girl and
threatened her to co-operate for sexual intercourse, otherwise,
that they will upload the same on WhatsApp and YouTube.
There is no other allegation of any forcible sexual intercourse
by this appellant/accused No.3. The accused No.4 who is
similarly placed to that of this appellant/accused No.3 has been
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granted bail by this Court. Therefore, on the ground of parity,
this appellant/accused No.3 is also entitled for grant of bail.
The appellant/accused No.3 is in judicial custody since
12.04.2022 and as the charge sheet is filed, he is not required
for custodial interrogation. Without considering all these
aspects, the learned Sessions Judge has passed the impugned
order, which calls for interference by this Court.
10. The appellant has made out grounds for setting
aside the impugned order and granting bail to the
appellant/accused No.3, subject to terms and conditions.
Hence, I proceed to pass the following:
ORDER
The Criminal Appeal is allowed. The impugned order
dated 28.11.2022, passed in Crl.Misc.No.728/2022, by the
learned Additional Sessions Judge Fast Track Special Court-I
(POCSO), Chikkaballapura, is set aside. Consequently, the
appellant/accused No.3 is granted bail and ordered to be
released on bail in Crime No.157/2022 of Bagepalli Police
Station subject to the following conditions:
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i. The appellant/accused No.3 shall execute a 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.
ii. The appellant/accused No.3 shall not indulge in
tampering the prosecution witnesses.
iii. The appellant/accused No.3 shall attend the Court on all
dates of hearing unless exempted and co-operate in
speedy disposal of the case.
Sd/-
JUDGE
PSJ
