Karnataka High Court
Renuka Raj Yallappa Kalgudi @ Ram vs State Of Karnataka on 17 February, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 1792 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1792 OF 2022
BETWEEN:
RENUKA RAJ YALLAPPA KALGUDI @ RAM
S/O YALLAPPA KALGUDI
AGED ABOUT 21 YEARS
R/A AROM BAR AND RESTAURANT
K R PURAM TRAFFIC POLICE STATION
OPPOSITE K R PURAM, BANGALORE CITY
PERMANENT RESIDENT
SHIVAJIPETE GAJENDRAGAD TALUK
GADAG DISTRICT.
...APPELLANT
(BY SRI. PRASANNA KUMAR P DAROJI, ADVOCATE)
Digitally signed AND:
by SANDHYA S
Location: HIGH
COURT OF 1. STATE OF KARNATAKA
KARNATAKA BY STATE PUBLIC PROSECUTOR
BY PEENYA POLICE STATION,
AMBEDKAR VEEDI
HIGH COURT BUILDING
BENGALURU -560 001.
2. SMT. ROOPA
W/O MANJUNATH
AGED ABOUT 40 YEARS,
R/AT MOGANNA GOWDA BUILDING,
2ND FLOOR, REDDY KATTE
NEAR GANESH TEMPLE
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CRL.A No. 1792 of 2022
NAYAKANAPALYA, NAGASANDRA POST
BENGALURU - 560 073.
...RESPONDENTS
(BY SRI S VISWA MURTHY, HCGP FOR R1
SRI GANESHA B C, ADVOCATE FOR 'UGAMA A/S' FOR R2)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO GRANT REGULAR BAIL FOR PETITIONER ON THE
COMPLAINANT REGISTERED IN CR.NO.254/2022 BY THE
PEENYA P.S FOR THE OFFENCE P/U/S 3(2)(V) OF SC/ST (POA)
ACT AND SEC.4,6 OF POCSO ACT AND SEC.376 OF IPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The sole accused has filed this appeal praying to set
aside the order dated 22.08.2022 passed by the Additional
City Civil and Sessions Judge, FTSC-II, Bengaluru in
Crl.Misc.No.8099/2022 where under the bail petition filed
by appellant/accused No.1 in respect of crime No.254/22
of Peenya P.S. registered for the offences punishable
under Section 376 of IPC, Section 4 and 6 of Prevention of
Children from Sexual Offences Act, and Section 3(2)(v-a)
of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 came to be rejected.
CRL.A No. 1792 of 2022
2. Heard the arguments advanced by learned
counsel for appellant, learned counsel for respondent No.2
and learned HCGP for respondent No.1-State.
3. The case of the prosecution is that respondent
No.2 who is the mother of victim girl has filed complaint
stating that her daughter victim girl has failed in II PUC
and stayed at home. In the said building,
appellant/accused is also resided in a rented house and he
is frequently talking with victim girl and when she
enquired him, he told her that he is in love with the victim
girl and he is going to marry her and she told that she is
minor and only after completion of 18 years, they can
think about the marriage. It is further stated that on
01.08.2022 when respondent No.2 and her husband
returned to their house at 7.00 p.m., they found that the
victim girl was not in the house and when they enquired
with the neighbours, it came to know that she went to her
friend's house. On that day, she did not return and on the
CRL.A No. 1792 of 2022
next day i.e. on 02.08.2022, the victim girl informed to
her parents over phone that she is in Victoria hospital i.e.,
on 03.08.2022, respondent No.2 went to Victoria hospital
and enquired the victim girl. The victim girl informed
respondent No.2 that appellant/accused used to come to
their house frequently during their absence. They had
sexual intercourse about 3-4 months back and she got
bleeding on 01.08.2022 and informed the same to
appellant/accused. Appellant/accused came to her house
and took her to Victoria hospital for treatment.
Thereafter, on her discharge, she filed complaint on
04.08.2022. The said complaint came to be registered for
the offence punishable under Section 376 of IPC, Sections
4 and 6 of Protection of Children from Sexual Offences Act,
2012 and Section 3(2)(v-a) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act,1989.
4. Appellant/accused came to be arrested on
06.08.2022 and he is in judicial custody. Charge sheet
came to be filed against this appellant/accused for the
CRL.A No. 1792 of 2022
offence under Section 376 of IPC. Appellant/accused filed
Crl.Misc.No.8099/2022 seeking bail and the same came to
be rejected by the Additional City Civil and Sessions
Judge, FTSC-II, Bengaluru by order dated 22.08.2022.
The said order is challenged in this appeal.
5. Learned counsel for the appellant would
contend that appellant/accused and victim girl are in love
affair and they had consensual sexual intercourse.
Appellant/accused on coming to know that she had
bleeding, he took her to hospital and treatment was given
to her. There is no intention on the part of
appellant/accused to cheat the victim girl. The victim girl
was aged 17 years and 8 months as on the date of alleged
incident and she is aware of the consequences of her acts.
Without considering all these aspects, the learned
Sessions Judge has passed the impugned order which
requires to be set aside and granting bail to the
appellant/accused. With this, he prayed to allow the
appeal.
CRL.A No. 1792 of 2022
6. Learned HCGP would contend that the victim
girl was aged 17 years and 8 months as on the date of
alleged incident. Due to the act of appellant/accused, she
became pregnant and abortion took place. The consent of
minor is not considered. The statement of victim girl
reveals that appellant/accused had sexual intercourse with
her and she became pregnant. Charge sheet material
shows that there is prima-facie case against
appellant/accused. Considering all these aspects, he
prayed for dismissal of the appeal.
7. Learned counsel for respondent No.2 submits
that respondent No.2 has no objection for granting bail to
appellant/accused. He further submits that parents of
victim girl are now ready to perform the marriage of victim
girl with appellant/accused as she has now attained the
age of majority.
CRL.A No. 1792 of 2022
8. Having regard to the submissions made by the
learned counsel for appellant/accused, learned counsel for
respondent No.2 and learned HCGP for respondent No.1-
State, this Court has gone through the impugned order
and charge sheet material.
9. The statement of victim girl recorded by the
police and also recorded under Section 164 of Cr.P.C.
reveals that she is in love affair with appellant/accused
since one year. The victim girl is aged 17 years and 8
months as on the date of alleged incident. There is no
allegation of any forcible sexual intercourse by this
appellant/accused on victim girl. Now, the victim girl has
attained the age of majority. As per the submissions of
the learned counsel for respondent No.2, the parents of
victim girl are ready to perform the marriage of victim girl
with appellant/accused. Considering all these aspects, the
appeal deserves to be allowed.
CRL.A No. 1792 of 2022
10. Hence, I proceed to pass the following:
ORDER
The appeal is allowed.
The impugned order dated 22.08.2022 passed in
Crl.Misc.No.8099/2022 by the Additional City Civil and
Sessions Judge and FTSC-II, Bengaluru is set aside.
Consequently the petition of appellant/accused filed under
Section 439 of Cr.P.C. is allowed and he is ordered to be
released on bail in crime No.254/2022 of Peenya P.S.
subject to the following conditions:
i. The appellant/accused shall execute a
personal bond for a sum of Rs.1.00 lakh
(Rupees One lakh only) with a surety for the
likesum to the satisfaction of the
jurisdictional Court.
ii. The appellant/accused shall not indulge in
tampering the prosecution witnesses.
iii. The appellant/accused shall attend the Court
on all the dates of hearing unless exempted
CRL.A No. 1792 of 2022
by the Court and cooperate for the speedy
disposal of the case.
Sd/-
JUDGE
SSD
