Karnataka High Court
Nandan P vs State Of Karnataka By on 20 February, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:7149
CRL.A No. 148 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 148 OF 2024
BETWEEN:
NANDAN P
S/O PARASHURAMA
AGED ABOUT 19 YEARS
R/O JANATHA COLONY
BARANDURU VILLAGE
BHADRAVATHI TALUK
SHIMOGA - 577 245.
...APPELLANT
(BY SRI K GOVINDARAJ, ADVOCATE)
AND:
Digitally signed by
1. STATE OF KARNATAKA BY
LAKSHMINARAYANA OLD TOWN POLICE STATION
MURTHY RAJASHRI
BHADRAVATHI
Location: HIGH
COURT OF SHIMOGA DISTRICT - 577 301.
KARNATAKA
BY SPP, HIGH COURT OF KARNATAKA
BANGALORE.
2. XXXX D/O MUTHANNA
AGED ABOUT 40 YEARS
JAIBHEEM NAGARA
OLD CITY , BHADRAWATHI
SHIMOGA DISTRICT - 577 245.
(SINCE R-2 IS MINOR,
REPRESENTED BY HER FATHER AND
NATURAL GUARDIAN SRI MUTHANNA).
...RESPONDENTS
(BY SRI CHANNAPPA ERAPPA, HCGP FOR R1
R2 SERVED AND UNREPRESENTED)
-2-
NC: 2024:KHC:7149
CRL.A No. 148 of 2024
THIS CRL.A IS FILED U/S. 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER DATED 18.12.2023
PASSED BY THE IV ADDITIONAL DISTRICT AND SESSION
COURT SHIVAMOGGA, SITTING AT BHARDRAVATHI, IN
CR.No.5034/2023 AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-accused praying
to set aside the order dated 18.12.2023 passed in
C.R.No.5034/2023 by the IV Additional District and
Sessions Judge, Shivamogga sitting at Bhadravathi,
whereunder the bail application of this appellant-accused
sought in respect of crime No.178/2023 of Bhadravathi
Old Town Police Station for the offences punishable under
Sections 376(2)(n) and 417 of Indian Penal Code (for
short hereinafter referred to as `IPC') and Sections
3(1)(w)(i)(ii), 3(2)(v) of the Schedule Castes and
Schedule Tribes (Prevention of Atrocities) Act, 1989 (for
short hereinafter referred to as `SC and ST Act'), came to
be rejected.
NC: 2024:KHC:7149
2. Heard learned counsel for appellant-accused and
learned High Court Government Pleader for respondent
No.1-State. Inspite of service of notice respondent No.2-
complainant remained absent and unrepresented.
3. The case of the prosecution is that the victim
girl is aged about 18 years and she came in contact with
one year senior student studying in the same collage and
both started loving each other. The appellant -accused
gifted mobile phone to the victim and they were talking
over the mobile phone. It is stated that on 20.09.2023 the
appellant -accused took the victim girl to shamiyana
godown situated at Karehalli and had sexual intercourse
against her will. Thereafter, again on 25.09.2023 the
appellant -accused took the victim girl to the same
godown and stayed with her whole night and committed
sexual intercourse on her. Thereafter, on 13.11.2023, the
appellant -accused took the victim girl to a temple where
they stayed and this appellant -accused tied turmeric
thread to her neck. On coming to know that this appellant
NC: 2024:KHC:7149
-accused and victim girl are stayed together, family
members of the appellant -accused, they were taken to
the police station on 15.11.2023 and in the Police Station
victim girl has asked to the appellant -accused to take her
to his house, at that time the appellant -accused refused
to take her to his house as she belongs to lower caste.
With these allegations, the victim girl has filed the
complaint against the appellant -accused. The appellant -
accused came to be arrested on 18.11.2023 and he is in
judicial custody. He filed bail application which came to be
rejected by the impugned order which is challenged in this
appeal.
4. Learned counsel for the appellant -accused
would contend that on perusal of the averments of the
complaint, it is clear that the alleged sexual intercourse by
this appellant -accused on the victim girl is consensual.
The victim girl is aged about 18 years and she is aware of
consequences of her acts. He further submits that charge
sheet is filed, this appellant -accused is not required for
NC: 2024:KHC:7149
custodial interrogation. The appellant -accused is aged
about 19 years, if he is continued in the judicial custody it
will affect his education career. With this, he prayed to
allow the appeal and grant bail to the appellant -accused.
5. Learned High Court Government Pleader for
respondent No.1-State would contend that before filing the
complaint by the victim girl, the father of the appellant -
accused has filed missing complaint and mother of the
victim girl has filed missing complaint. He further submits
that the offences alleged against the appellant -accused
are heinous offences. He further submits that charge
sheet materials shows prima facie case against the
appellant -accused for offences alleged against him. With
this, he prays for dismissal of the appeal.
6. Having heard learned counsel for the appellant
-accused and learned High Court Government Pleader,
this Court has perused the impugned order, FIR, complaint
and other documents.
NC: 2024:KHC:7149
7. As per the averments of the complainant the
victim girl is aged about 18 years and she is one year
junior of the appellant -accused studying in the same
collage. They both came in contact and they both started
loving each other and they started talking over the mobile
phone. The victim girl and the appellant -accused went to
a godown two times and they had sexual intercourse.
Again the victim girl went along with the appellant -
accused to a temple, where they stayed and there the
appellant -accused tied a turmeric thread on her neck. As
missing complaints have been filed by the parents of the
appellant -accused and the victim girl, the appellant -
accused and the victim girl both were taken to the Police
Station and it is alleged that in the Police Station the
appellant -accused refused to take the victim girl to his
house as she is belongs to lower caste. Therefore, the
victim girl has filed the complaint against this appellant -
accused. As charge sheet is filed this appellant -accused
is not required for custodial interrogation. The victim girl is
aged about 18 years and she is aware of consequences of
NC: 2024:KHC:7149
her acts. The appellant -accused is aged about 19 years
and he is student and if he is continued in the judicial
custody it will affect his education carrier.
8. Considering all these aspects, the appellant -
accused has made out grounds for setting aside the
impugned order and grant of bail.
In the result, the following;
ORDER
The appeal is allowed.
The impugned order dated 18.12.2023 passed in
C.R.No.5034/2023 by the IV Additional District and
Sessions Judge, Shivamogga sitting at Bhadravathi is set
aside. The bail petition of the appellant-accused stands
allowed. Appellant-accused is ordered to be released on
bail in crime No.178/2023 of Bhadravathi Old Town Police
Station subject to the following conditions:
i. Appellant-accused shall execute a
personal bond for a sum of
NC: 2024:KHC:7149
Rs.1,00,000/- (Rupees One Lakh only)
with one surety for the likesum to the
satisfaction of the trial Court.
ii. Appellant-accused shall not threaten
the complainant and other prosecution
witnesses.
iii. Appellant-accused shall attend the
Court on all dates of hearing unless
exempted and cooperate in speedy
disposal of the case.
Sd/-
JUDGE
DSP
