Karnataka High Court
Chandrashekhar vs The State Of Karnataka And Anr on 21 July, 2023
Bench: Hemant Chandangoudarpresided Byhcj
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NC: 2023:KHC-K:5609
CRL.A No. 200175 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL APPEAL NO.200175 OF 2023
BETWEEN:
1. CHANDRASHEKHAR
S/O SIDAPPA MUDBUL,
AGE: 25 YEARS,
OCC: JCB OPERATOR,
R/O TENGLI VILLAGE, TQ. KALGI,
DIST. KALABURAGI-585 317
...APPELLANT
(BY SRI. SANTOSH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA ,
Digitally signed by
LUCYGRACE THROUGH CITY WOMEN P.S, YADGIR,
Location: HIGH COURT
OF KARNATAKA REPRESENTED BY ADDL. SPP,
HIGH COURT BUILDING,
KALABURAGI-585 107.
2. SATISH S/O KALAPPA HIRBAJAR,
AGE: 26 YEARS, OCC: LABOUR,
R/O BHOPAL TEGNOOR,
TQ. & DIST. KALABURAGI-585 104.
...RESPONDENTS
(SRI. SHARANABASAPPA M. PATIL, HCGP FOR R1;
NOTICE TO R2-SERVED)
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CRL.A No. 200175 of 2023
THIS CRL.A IS FILED U/SEC. 14-A OF SC/ST (PA) ACT,
PRAYING TO ALLOW THE ABOVE CRIMINAL PETITION AND
CONSEQUENTLY TO RELEASE THE APPELLANT ON BAIL IN
CRIME NO.75/2022, SPL. CASE NO.78/2022 REGISTERED BY
CITY WOMEN P.S., KALABURAGI FOR AN OFFENCE
U/SEC.363, 366(A), 376(2) (N), 343, 506 OF IPC AND SEC 4 AND
6 OF POCSO ACT, 2012 AND SEC 3(1)(W), 3(2) (V) OF SC/ST
(PA) ACT, PENDING ON THE FILE OF ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND FTSC-1 (POCSO) AT
KALABURAGI.
THIS APPEALCOMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant, who is sought to be prosecuted for the
offences punishable under Sections 363, 366(A), 376(2)(N),
343, 506 of IPC, Sections 4 and 6 of the Protection of Children
from Sexual Offences Act and Section 3(1)(w) 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST (PA)
Act' for short) has filed this appeal under Section 14-A of the
SC/ST (PA) Act to enlarge him on bail.
2. Heard the learned counsel for the appellant -
accused and the learned High Court Government Pleader for
respondent No.1 - State.
3. The case of the prosecution is that, on 27.07.2022,
when the victim went out of the house and did not return, a
missing complaint was filed. The police during investigation,
traced the victim and upon enquiry, she stated that the accused
asked her to come near High School in Bhopal Tegganur village
and when she went there, he stated that he intended to marry
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CRL.A No. 200175 of 2023
her and asked her to come with him and when she refused to
go with him, the accused took her on his motorcycle to
Tengaligi village and kept her in a room and by giving a life
threat, committed forcible penetrative sexual assault on her.
The victim in the statement recorded under Section 164 of
Cr.P.C has not stated that the accused has committed
penetrative sexual assault, however, in the examination-in-
chief has stated that the accused has committed penetrative
sexual assault.
4. The doctor, who examined the victim, has opined
that, the signs of recent sexual intercourse are absent. The
doctor has also not opined as to whether the hymen was intact
or not. The evidence of PWs.1 to 9 have been completed, and
the total prosecution witnesses are 36 and there may be a
delay in concluding the trial. Whether it is a case of eloping or
not is the matter, which requires to be considered after full
fledged trial and at this stage, the victim having been cross-
examined, no prejudice will be caused to the accused, if the
accused is enlarged him on bail. Accordingly, I pass the
following:
ORDER
i) Criminal appeal is allowed.
ii) The appellant shall be enlarged on bail Spl.C.POCSO
No.78/2022 pending on the file of the learned Additional
District and Sessions Judge and FTSC-I (POCSO) at Kalauragi
arising out of Crime No.75/2022 registered by the City Women
Police Station, Kalaburagi, subject to the following conditions:
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CRL.A No. 200175 of 2023
a) The petitioner shall execute personal bond in a sum
of Rs.1,00,000/- (Rupees one lakh only) with two
sureties for the likesum to the satisfaction of the
jurisdictional Court.
b) He shall furnish proof of his residential address
and shall inform the Court, if there is any change in
the address.
c) He shall not tamper with the prosecution
evidence/witnesses either directly or indirectly.
d) He shall not leave the jurisdiction of the Trial Court
without prior permission of the learned Sessions
Judge.
e) He shall not involve any criminal activities.
f) He shall appear before the Trial Court on all dates
of hearing without fail unless exempted for any
genuine reasons.
Sd/-
JUDGE
LG,BKM
