Karnataka High Court
Sri Suresh @ Suri vs State By Bagepalli Ps on 3 February, 2023
Bench: Shivashankar Amarannavar
-1-
CRL.A No. 2181 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 2181 OF 2022
Between :
Sri Suresh @ Suri,
S/o Mallappa,
Aged about 28 years,
R/at 13th Ward,
Bagepalli,
Bagepalli Taluk and
Chikkaballapur District-561 207. .. Appellant
( By Sri Raghavendra P.H., Advocate )
And :
1. State by Bagepalli PS,
Chikkaballapur District,
Reptd. by State Public Prosecutor,
Digitally signed High Court Building,
by SANDHYA S Bangalore-560 001.
Location: HIGH
COURT OF
KARNATAKA 2. Smt.Anasubai,
CDPO Officer,
Bagepalli Town,
Chikkaballapur -561 207. .. Respondents
( By Sri S.Viswa Murthy, HCGP, for R-1,
R-2 is served & unrepresented)
This Criminal Appeal is filed under Section 14(A)(2) of
SC/ST (POA) Act praying to enlarge the appellant on bail in
Crime No.157/2022 and Spl.S.C.No.74/2022 for the alleged
offence punishable under Sections 376(3), 506 of IPC and
-2-
CRL.A No. 2181 of 2022
Sections 4, 6, 8, 12, 14 of POCSO Act, 2012 and Section 67(B)
of Information Act, 2000 and under Sections 3(1)(w), 3(2)(v)
of Prevention of Atrocities Amendment Act, 2015, registered by
Bagepalli Police Station, pending on the file of the Addl.District
and Sessions Court, FTSC-1, Chikkaballapura District.
This Criminal Appeal coming on for Admission this day,
the Court delivered the following :
JUDGMENT
The appellant/accused No.4 has filed this appeal
seeking setting aside of the order dated 30.08.2022,
passed in Crl.Misc.No.591/2022, by the learned
Addl.Sessions Judge & Fast Track Special Court-1
(POCSO), Chikkaballapura, (for brevity referred to as
`Sessions Judge's Court'), wherein the bail petition filed
by the appellant/accused No.4 sought in respect of Crime
No.157/2022 of Bagepalli Police Station, which is
registered for the offences punishable under Sections
376(3), 506 of Indian Penal Code, 1860, and Sections 4,
6, 8, 12 and 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),
3(2)(v) of Scheduled Castes and Scheduled Tribes
CRL.A No. 2181 of 2022
(Prevention of Atrocities) Amendment Act, 2015, came to
be rejected.
2. Heard the learned counsel for the appellant and
the learned HCGP for respondent No.1 - State. The
respondent No.2 inspite of service of notice, has remained
absent and remains 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
CRL.A No. 2181 of 2022
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 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
CRL.A No. 2181 of 2022
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 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.
CRL.A No. 2181 of 2022
4. The appellant/accused No.4 came to be arrested
on 11.04.2022 and he is in judicial custody. The appellant
filed Crl.Misc.No.591/2022, seeking bail and the same
came to be rejected by the learned Sessions Judge by the
order dated 30.08.2022. The said order is challenged in
the instant appeal.
5. Learned counsel for the appellants would contend
that there is no allegation of having any sexual intercourse
by this appellant/accused No.4 and the only allegation
against this appellant/accused No.4 is that he blackmailed
the victim to have sex with them or otherwise, they will
upload her photos and videos in WhatsApp and YouTube.
It is his further submission that the allegation of recording
the videos and taking photographs is against accused
No.3. the appellant/accused No.4 also belongs to
Scheduled Caste and therefore, the offences under Section
3 of SC/ST (POA) Act are not attracted against him. As
the charge sheet is filed, the appellant is not required in
judicial custody any further. Without considering these
CRL.A No. 2181 of 2022
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.4.
6. Per contra, learned High Court Government
Pleader for the respondent-State would contend that the
statement of the victim girl has been recorded by the
police and also under Section 164 of Cr.P.C., wherein the
overacts of this appellant/accused No.4 are stated. This
appellant/accused No.4 threatened that they will upload
her nude photos and videos on WhatsApp and Youtube if
she did not cooperate for sexual intercourse with them.
He further submitted that the charge sheet materials also
prima facie shows a case against the appellant.
Considering all these aspects, the learned Sessions Judge
has passed the impugned order which does not call for
interference of this Court. With this, he prayed to dismiss
the appeal.
CRL.A No. 2181 of 2022
7. Having regard to the submissions made by the
learned counsel for the appellant and learned HCGP, 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 photos and videos when the victim
was naked and accused No.3 touched her thighs and
asked her to cooperate 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 cooperate 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
CRL.A No. 2181 of 2022
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.4 is that he blackmailed and insisted the victim girl for
sexual intercourse with them stating that they will upload
her photos and videos on WhatsApp and YouTube and
asked her to cooperate for sexual intercourse. There is no
other allegation of any sexual harassment by this
appellant/accused No.4. The appellant/accused No.4 is in
judicial custody since 11.04.2022 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
- 10 -
CRL.A No. 2181 of 2022
appellant/accused No.4, subject to terms and conditions.
Hence, I proceed to pass the following:
ORDER
The Criminal Appeal is allowed. The impugned order
dated 30.08.2022, passed in Crl.Misc.No.591/2022, by the
learned Addl.Sessions Judge & Fast Track Special Court-1
(POCSO), Chikkaballapura,, is set aside. Consequently, the
appellant/accused No.4 is granted bail and ordered to be
released on bail in Crime No.157/2022 of Bagepalli Police
Station subject to the following conditions:
i. The appellant/accused No.4 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.4 shall not indulge in
tampering the prosecution witnesses.
- 11 -
CRL.A No. 2181 of 2022
iii. The appellant/accused No.4 shall attend the Court on
all dates of hearing unless exempted and co-operate
in speedy disposal of the case.
Sd/-
JUDGE
BK
