Karnataka High Court
Mallappa S/O Shivappa Hadakar vs The State Of Karnataka on 4 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:221
CRL.A No. 100572 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100572 OF 2023 (U/S 14 A(2) OF
SC AND ST ACT)
BETWEEN:
MALLAPPA S/O. SHIVAPPA HADAKAR,
AGE: 22 YEARS, OCC. AGRICULTURE,
R/O. AKOLLA VILLAGE, TQ. NIPPANI
DIST. BELAGAVI.
...APPELLANT
(BY SRI SHRIPRASAD J. JOSHI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH CHIKKODI P.S.,
BY S.P.P., HIGH COURT OF KARNATAKA,
DHARWAD.
2. DEVARAJ S/O. MANOHAR DADUGOL,
AGE: 22 YEARS, OCC. AGRICULTURE,
R/O. UMARANI VILLAGE, TQ. CHIKKODI,
Digitally
signed by
VIJAYALAXMI
DIST. BELAGAVI-591222.
VIJAYALAXMI M BHAT
M BHAT Date:
2024.01.06
...RESPONDENTS
11:17:03
+0530
(BY SRI. RANGSWAMY R., HCGP FOR R1;
R2-NOTICE SERVED)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST
ACT, SEEKING THAT THE APPELLANT WHO IS ARRAYED AS
ACCUSED IN SPL. C.No. 52/2023 ARISING FROM CRIME NO.
269/2022 CHIKKODI P.S PENDING BEFORE THE ADDL. DISTRICT
AND SESSIONS JDUGE-FTSC-I BELAGAVI FOR THE OFFENCES
P/U/SEC. 363, 376(2)(N) OF IPC, SEC. 4 AND 6 OF POCSO ACT
2012 AND SEC. 3(2)(VA) OF SC/ST POA ACT, 2015 BE ENLARGED
ON BAIL, BY SETTING ASIDE ORDER DATED 20.07.2023 IN
CRL.MISC NO. 724/2023 PASSED BY THE ADDL. DISTRICT AND
SESSIONS JUDGE, FTSC-I, BELAGAVI.
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NC: 2024:KHC-D:221
CRL.A No. 100572 of 2023
THIS APPEAL, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Accused No.1 in S.C.No.52/2023 pending before the
Court of the Additional District and Sessions Judge-FTSC-
1, Belagavi (hereinafter referred to as the 'trial Court')
arising out of a Crime No.269/2022 registered by Chikkodi
police station, Belagavi for the offences punishable under
Sections 363 & 376(2)(N) of the Indian Penal Code, 1860
(hereinafter referred to as the 'IPC'), under Sections 4 and
6 of the Protection of Children from Sexual Offences Act
(hereinafter referred to as the 'POCSO Act' and under
Section 3(2)(va) of the Scheduled Caste and Scheduled
Tribe (Prevention of Atrocities) Amendment Act, 2015
(hereinafter referred to as the 'SC/ST Act') is before this
Court under Section 14(A)(2) of the SC/ST Act read with
Section 439 of the Code of Criminal Procedure, 1973
(hereinafter referred to as the 'Cr.P.C.') seeking regular
bail.
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2. Heard the learned counsel for the parties.
3. Respondent No.2 who is served in the matter
has remained unrepresented before this Court.
4. FIR in Crime No.269/2022 was registered by
Chikkodi Police Station, Belagavi District initially for
offence punishable under Section 363 of the IPC against
unknown persons on the complaint filed by the second
respondent herein who is the brother of the victim girl.
During the course of investigation of the case, the
appellant and the victim girl were traced together. The
appellant was produced before the jurisdictional Court and
remanded to the judicial custody on 07.01.2023. The
victim girl was subjected to medical examination and her
statement under Section 164 of the Cr.P.C., was recorded
before the jurisdictional Court on 09.01.2023.
Investigation in the case is complete and chargesheet is
filed. Bail application filed by the appellant before the trial
Court in Criminal Misc. No.724/2023 was rejected on
20.07.2023. Therefore, he is before this Court.
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5. Learned counsel appearing for the appellant
submits that the appellant is an youngster aged about 22
years and he has no criminal antecedents. The victim girl
is aged more than 17 years. Her statement was recorded
before the jurisdictional Magistrate under Section 164 of
the Cr.P.C., and there are no serious allegations against
the appellant in the said statement. Accordingly, he prays
to allow the appeal.
6. Per contra, learned HCGP has opposed the bail
application. He submits that the victim girl is a minor and
she was aged about 16 years 9 months at the time of the
incident. He accordingly prays to dismiss the appeal.
7. FIR in Crime No.269/2022 was registered
initially for offence punishable under Section 363 of the
IPC on the complaint filed by the second respondent who
is the elder brother of the victim girl. During the course of
the investigation, the victim and the appellant were traced
together. The victim was produced before the jurisdictional
Magistrate and her statement was recorded under Section
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164 of the Cr.P.C., on 09.01.2023. On perusal of the said
statement, it is seen that the victim had accompanied the
appellant on 22.12.2022 and they had stayed together in
different places till 07.01.2023. In her statement, the
victim has stated that after she had left her parents on
22.12.2022, she had spoken to the father of the appellant
over phone and thereafter, traveled with the appellant in
his motorbike to Kamaldinni Village in Muddebihal Taluk
and stayed in a house of Parsappa Gubachi for four to five
days. From Parasappa's house, the appellant and the
victim had traveled in the motorbike of the appellant to
Bangalore and had stayed in a room for few days.
Thereafter, they had returned to Tangadi village and had
stayed in a rented premises for about 5 days till they were
traced and brought back to the village by the Police. The
victim has not made any allegation in her statement that
prior to she accompanying the appellant on 22.12.2022,
the appellant had committed any sexual assault on her.
The appellant is in custody from 07.01.2023 and
undisputedly he has no criminal antecedents. He is aged
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about 22 years. Investigation in the case is completed and
chargesheet is filed. Under the circumstances, I am of the
opinion that the prayer made by the appellant for grant of
regular bail is required to be allowed. Accordingly, the
appeal is allowed. Accordingly the following:
ORDER
The appeal is allowed. The appellant is directed to be
enlarged on bail in Crime No.269/2022 registered by the
Chikkodi Police Station, Belagavi District for the offences
punishable under Sections 363, 376(2)(N) of the IPC,
under Sections 4 and 6 of the POCSO Act and under
Section 3(2)(va) of the SC/ST Act, subject to the following
conditions:
i. The appellant shall execute a personal bond for
a sum of Rs.1,00,000/- with 2 sureties for the
like-sum to the satisfaction of the jurisdictional
Court;
ii. The appellant shall appear regularly on all the
dates of hearing before the Trial Court unless
the Trial Court exempts his appearance for
valid reasons;
NC: 2024:KHC-D:221
iii. The appellant shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
iv. The appellant shall not leave the jurisdiction of
the Trial Court without permission of the said
Court until the case registered against him is
disposed off.
Sd/-
JUDGE
RH
