Shri Huvani Alias Hari Parashram ... vs The State Of Karnataka
2024 Latest Caselaw 15338 Kant

Citation : 2024 Latest Caselaw 15338 Kant
Judgement Date : 2 July, 2024

Karnataka High Court

Shri Huvani Alias Hari Parashram ... vs The State Of Karnataka on 2 July, 2024

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                                                    NC: 2024:KHC-D:8977
                                                    CRL.P No. 101586 of 2024




                     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 2ND DAY OF JULY, 2024

                                           BEFORE

                           THE HON'BLE MR JUSTICE S.RACHAIAH

                       CRIMINAL PETITION NO. 101586 OF 2024 (439-)

                BETWEEN:

                SRI. HUVANI ALIAS HARI PARASHRAM MARGALE,
                AGE: 23 YEARS, OCC: PRIVATE SERVICE,
                R/O: AT SHIVOLI, P. CHAPGAON-593001,
                TAL. KHANAPUR, DIST: BELAGAVI.
                                                                ...PETITIONER
                (BY SRI. SADIQ N. GOODWALA, ADVOCATE)

                AND:

                1.   THE STATE OF KARNATAKA
                     THROUGH NANDGAD POLICE STATION,
                     BELAGAVI, R/BY THE STATE PUBLIC PROSECUTOR,
                     HIGH COURT OF KARNATAKA,
                     DHARWAD BENCH.

                2.   SRI. BABU GAVADE,
                     AGE: 44 YEARS, OCC: AGRICULTURE,
CHANDRASHEKAR        R/O: HATTARWAD VILLAGE,
LAXMAN
KATTIMANI            TQ. KHANAPUR-593002,
                     DIST. BELAGAVI.
HIGH                                                          ...RESPONDENTS
COURT OF
KARNATAKA       (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
                R2 SERVED)

                      THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
                SEEKING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
                NO.25/2024 OF NANDAGAD P.S. FOR OFFENCE PUNISHABLE U/S 376
                OF IPC AND SECTION 4 OF POCSO ACT, 2012, PENDING ON THE
                FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, BELAGAVI,
                DIST.BELAGAVI.

                     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
                COURT MADE THE FOLLOWING:
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                                 NC: 2024:KHC-D:8977
                                 CRL.P No. 101586 of 2024




                        ORDER

Heard Sri Sadiq N. Goodwala, learned counsel for the

petitioner and Smt. Kirtilata R.Patil, learned High Court

Government Pleader for the respondent-State.

2. The petitioner is before this Court seeking

regular bail in Crime No.25/2024 of respondent P.S. for

offence punishable under Section 376 of IPC and Section 4

of POCSO Act, 2012.

3. It is the case of the complainant that she was

studying in II PUC at CDMS PU College, Nandgad. She

had a friend namely, Prajakta. She had been to her house

on account of Raksha Bandhan festival one year ago, as

on the date of filing of the complaint. There, she met the

petitioner. Thereafter, they started loving each other and

she was taken to different temples and also to Goa and

both were loving each other for considerable length of

time. However, in the year 2023, in the month of August,

she was asked to go to Machche near Belgaum and she

went there. She was taken to one rented house by the

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petitioner, and there he said to have committed the sexual

assault. Thereafter, on 18.12.2023, when both the victim

and the petitioner were roaming on the road of said

Machche village, her relatives have seen that she was

roaming with the petitioner and the same has been

informed to their parents. The parents of the victim had

lodged a complaint on 19.12.2023. They were secured and

produced before the police. The police have advised them

and kept her at Women Rehabilitation Center at Belgaum.

Thereafter, the complainant lodged a complaint against

the petitioner. Based on the complaint, she was taken

before the Magistrate to record her statement. Her

statement was recorded. After completing the

investigation, charge sheet is filed by the jurisdictional

police.

4. It is the submission of the learned counsel for

the petitioner that the petitioner was not aware of the

actual age of the victim and both were loving each other

and also decided to marry each other. In view of the

judgment of the Hon'ble Supreme Court, school record is

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not a conclusive proof to determine the age of the victim.

The petitioner was studying in II PUC. No birth certificate

is produced to disclose her date of birth. Therefore, the

POCSO provisions would not be attracted against the

petitioner.

5. It is further submitted that the victim has filed a

false complaint against the petitioner about the

commission of rape. Therefore, bail application of the

petitioner may be considered and he may be enlarged on

bail.

6. It is further submitted that the petitioner is

aged about 24 years working at private sector, resident of

Shivoli, Khanapur Taluk and he is the earning member of

the family and he is in judicial custody since 14.01.2024.

He will abide the conditions imposed by this Court, in the

event of his release on bail. Making such submission, the

learned counsel for the petitioner prays to allow the

petition.

7. Per contra, learned High Court Government

Pleader vehemently opposed the bail petition and

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submitted that the petitioner has committed heinous

offence against the minor. It is further submitted that

children need to be regulated as they are the susceptible

to the society at large. It is the duty of the Courts to

protect their life and liberty of the children. They have

been subjected to sexual exploitation on every moment in

the society. Therefore, the bail application of the

petitioner needs to be rejected in order to send a message

to the society at large that the Courts are imposing

stringent restrictions to avoid such exploitation.

8. It is further submitted that the petitioner herein

induced the minor girl, took her to the different parts of

the locality and committed sexual assault. It has been

proved through the medical evidence. Therefore, the

petitioner is not entitled for bail. Making such submission,

the learned HCGP prays to dismiss the petition.

9. Having heard the learned counsel for the

respective parties and also perused the averments of the

charge sheet, it is essential at this moment to consider the

statement of the victim made before the Magistrate. The

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victim has narrated the entire history how she was loving

the petitioner and how both were decided to marry each

other. However, at the end of her statement, she

expressed her willingness to marry with the petitioner. It

is again noticed in her statement that earlier complaint

was lodged before the police by the father of the victim

and there, both have made a statement that after

completion of 18 years, the marriage of both of them

would be performed.

10. Having considered the nature and

circumstances of the case, without adverting to the merit

of the case, it is appropriate to grant bail to the petitioner

by imposing conditions. Hence, I proceed to pass the

following:-

ORDER

The petition is allowed.

The petitioner is ordered to be enlarged on bail in

Crime No. 25/2024 respondent Police Station, on

executing a personal bond in a sum of Rs.1,00,000/-

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(Rupees One lakh only) with one surety for the likesum to

the satisfaction of the Trial Court, subject to the following

conditions: