Sudarshan B V @ Thammaiah vs The State Of Karnataka
2023 Latest Caselaw 6432 Kant

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                                                              NC: 2023:KHC:32732
                                                          CRL.A No. 1290 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 11TH DAY OF SEPTEMBER, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 1290 OF 2023


                      BETWEEN:

                            SUDARSHAN B V @ THAMMAIAH
                            S/O VENKATESH
                            AGED ABOUT 45 YEARS
                            R/OI BILISARE VILLAGE
                            HANUBAL VILLAGE
                            SAKALESHPUR TALUK
                            HASSAN DISTRICT - 573 165.

                                                                 ...APPELLANT

                      (BY SRI SUYOG HERELE E, ADVOCATE)

                      AND:


                      1.    THE STATE OF KARNATAKA
Digitally signed by
                            THROUGH SAKALESHPURA
LAKSHMINARAYANA
MURTHY RAJASHRI
                            RURAL POLICE STATION
Location: HIGH              HASSAN DISTRICT
COURT OF
KARNATAKA                   REPRESENTED BY THE
                            STATE PUBLIC PROSECUTOR
                            O/O HIGH COURT BUILDING.

                      2.    KUM. XXXX
                            AGED ABOUT 14 YEARS
                            REPRESENTED BY HER NATURAL GURDIAN/MOTHER
                            SMT. VEDA W/O PUTTASWAMY
                            AGED ABOUT 34 YEARS
                            R/O BILISARE VILLAGE
                            HANUBAL HOBLI
                              -2-
                                          NC: 2023:KHC:32732
                                     CRL.A No. 1290 of 2023




    SAKALESHPURA TALUK
    HASSAN DISTRICT- 573 165.

                                            ...RESPONDENTS

(BY SRI M DIVAKAR MADDUR, HCGP FOR R1
 R2-SERVED AND UNREPRESENTED)

     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 21.03.2023 IN
SPL.C.No.153/2023 PASSED BY THE ADDITIONAL DISTRICT
AND    SESSIONS      JUDGE,   FTSC-1,  HASSAN,    THEREBY
DISMISSING THE BAIL APPLICATION OF THE APPELLANT U/S
439 OF CR.P.C. FOR THE OFFENCE P/U/S 376(2) OF IPC,
SECTION 6 AND 21(1) OF POCSO ACT AND SECTION
3(1)(w)(i), 3(2)(va) OF SC/ST (POA) ACT, BY ALLOWING THIS
CRL.A. AND ETC.,

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

This appeal is filed by appellant - accused No. 3

praying to set aside the order dated 21.03.2023 passed in

Spl.C. No. 153/2023 by the Additional District and

Sessions Judge, FTSC-1, at Hassan whereunder the bail

application of appellant - accused No. 3 and other two

accused, namely, accused Nos. 1 and 2 sought in respect

of crime No. 192/2022 of Sakaleshpura Rural Police station

registered for the offence punishable under Sections

NC: 2023:KHC:32732 CRL.A No. 1290 of 2023

376(2) of IPC, Sections 6 and 21(1) of the POCSO Act and

Sections 3(1)(w)(i), 3(2)(va) of the SCST (Prevention Of

Atrocities) Act came to be rejected.

2. Heard learned counsel for appellant - accused No.

3 and learned HCGP for respondent No.1 - State. Inspite

of notice, respondent No.2 remained absent and

unrepresented.

3. Case of the prosecution is that the victim girl has

filed a complaint stating that her father and mother were

working in the land of this appellant - accused No. 3. She

is a pregnant. When she was alone in the house accused

No.1 used to come to their house and sleep on her after

removing her clothes. Likewise accused No.2 also slept on

her after removing her clothes many times. In the same

way appellant - accused No. 3 also used to undress her

and he used to mount on her. Accused No. 4 also slept on

her after removing her clothes on number of times.

4. On the basis of the said statement of the victim

girl case came to be registered in crime No. 192/2022 of

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Sakaleshpura Rural Police station for offence punishable

under Sections 376(2), 114 of IPC, Sections 6 of the

POCSO Act and Sections 3(1)(w)(i), 3(2)(va) of the SCST

(POA) Act. Appellant - accused No. 3 came to be arrested

on 13.12.2022 and he is in judicial custody. After

completing investigation charge sheet came to be filed

against accused Nos. 1 to 3 for offence punishable under

Sections 6 and 21(1) of the POCSO Act, Section 376(2) of

IPC, and Sections 3(1)(w)(i), 3(2)(va) of the SCST (POA)

Act. Appellant - accused No. 3 and two other persons filed

an application seeking bail in Spl.C.No.153/2023 and the

same came to be rejected by the impugned order which is

challenged in this appeal.

5. Learned counsel for appellant - accused No.3

would contend that the date of alleged incident has not

been mentioned in the complaint. There is a delay in filing

the complaint. DNA test report reveal that juvenile is the

biological father of the child born to the victim girl.

Appellant - accused No. 3 is the landlord in whose land

NC: 2023:KHC:32732 CRL.A No. 1290 of 2023

parents of the victim girl were working and he has been

falsely implicated. Without considering these aspects

learned Special Judge has passed the impugned order

which requires interference by this Court. With this he

prayed to allow the appeal and grant bail to appellant -

accused No. 3.

6. Per contra, learned HCGP would contend that the

victim girl is aged about 13 years and she belongs to

Schedule Caste. The Doctor who examined the victim girl

has opined that the victim girl is used to the act of coitus

and she is pregnant. The victim girl in her

statement/complaint and her statement recorded under

Section 164 Cr.P.C. has stated the acts of this appellant -

accused No. 3. Merely because the DNA report is against

other accused it cannot be said that appellant - accused

No. 3 has not committed any offence as alleged.

Considering all these aspects learned Special Judge has

passed the impugned order. With this he prayed to dismiss

the appeal.

NC: 2023:KHC:32732 CRL.A No. 1290 of 2023

7. Having heard the learned counsel for appellant -

accused No. 3 and learned HCGP for respondent No.1 -

State this Court has perused the impugned order and

charge sheet.

8. Age of the victim girl as per complaint is 13 years

and she belongs to schedule caste. The victim girl was

residing with her parents who were working in the land of

this appellant - accused No. 3. The victim girl in her

complaint and in her statement recorded under Section

164 of Cr.P.C. has specifically stated the acts of this

appellant - accused No. 3 of removing her clothes when

she was alone in the house and lying on her. The victim

girl gave birth to a child. Blood samples of the victim girl,

accused persons and new born child of the victim girl have

been collected and sent for DNA test. In the report it is

stated that juvenile accused is the biological father of the

baby born to the victim girl. Merely because the DNA test

report is against the juvenile accused at this stage it

NC: 2023:KHC:32732 CRL.A No. 1290 of 2023

cannot be said that appellant - accused No. 3 has not

committed any sexual intercourse on the victim girl.

9. Considering all these aspects learned special

Judge has rightly rejected the bail application of this

appellant - accused No. 3 by the impugned order. There

are no grounds to interfere with the impugned order and

grant bail to the appellant - accused No.3.

In the result the appeal is dismissed.

Sd/-

JUDGE

LRS