Karnataka High Court
Vinay S/O Dhanu Gouda vs The State Of Karnataka on 7 March, 2024
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CRL.P No. 100625 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL PETITION NO. 100625 OF 2024 (439)
BETWEEN:
VINAY S/O DHANU GOUDA,
AGE: 20 YEARS, OCC: COOLIE,
R/O MELINKERE MUDGA,
KARWAR-581324.
- PETITIONER
(BY SRI. ABHISHEK L KALLED, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED
BY THE STATION HOUSE OFFICER,
WOMEN POLICE STATION, KARWAR,
UTTARA KANNADA, THROUGH
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, BENCH DHARWAD.
2. RANJITA RAJU NAIK, AGE: 33 YEARS,
VINAYAKA OCC: HOUSEWIFE, R/O PALEKARWAR,
BV TODUR, AMDALLI, KARWAR,
UTTARA KANNADA-581324.
Digitally signed by VINAYAKA
BV - RESPONDENTS
Location: HIGH COURT OF
KARNATAKA,DHARWAD
BENCH
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
Date: 2024.03.12 11:45:04
+0530 R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONER/ ACCUSED NO.1 ON
REGULAR BAIL IN CRIME NO. 22/2023 REGISTERED BY THE KARWAR
WOMEN POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 363,
342, 376, 376(N), 201 OF THE IPC AND U/S 4, 6 AND 21 OF THE
POCSO ACT & ETC.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 100625 of 2024
ORDER
The petitioner has filed the present petition U/s 439 of
Cr.P.C. for grant of regular bail in connection with Uttara
Kannada Women Police Station Crime No. 22/2023 for the
offences punishable U/s 363 and 342 of IPC.
2. Parties to the petition are referred with their ranks as
assigned in the trial Court, for the sake of convenience.
3. Heard the arguments of both sides.
4. After hearing arguments of both sides and on perusal of
the records, the following points arise for consideration.
i) Whether petitioner is entitled for regular bail in
terms of Sec. 439 of Cr.P.C.?
ii) What order?
5. On perusal of the complaint filed by Smt.Ranjita wife of
Raju Naika, it would go to show that her daughter, the victim
over phone informed that she is going to attend the marriage of
persons known to the family and she allowed for going to the
said marriage. The victim was pursuing her education by
studying in grandmother's house at Todur. The victim was not
reachable after she went to the marriage. On 05.07.2023 the
District Child Welfare Department officials informed over phone
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that daughter of complainant is in Child Protection Home and
asked to attend the meeting on 25.07.2023. The complainant
attended the said meeting and met her daughter. On enquiry,
the daughter of complainant has disclosed that she was in love
with accused, resident of Melinakeri village, Muduga, Karwar
District. Complainant and her husband were unaware of the
said fact and the victim stayed in the house of accused for
about two months. On receipt of the said complaint, criminal
law was set into motion by registering case in Crime No.
22/2023 for the offences punishable U/s 363, 342 of IPC. The
investigating officer having carried out investigation, has filed
the charge sheet.
6. Learned HCGP has objected for grant of bail by filing
objections contending that victim is a minor and her consent
becomes irrelevant. There is sufficient evidence against the
accused to substantiate the allegations made against him.
7. On perusal of the statement of the victim it would go to
show that there were matrimonial differences between her
father and mother. The father of victim who is addicted to
alcohol, is residing separately. The father of victim was
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assaulting and abusing the victim when she demanded money
to go to the school and therefore she came to her mother. The
mother of the victim arranged her daughter to stay in the
house of grandmother and the victim from there was pursuing
her studies. In the last week of June while the victim was
staying in the house of accused, the accused has committed
penetrative sexual assault against her will.
8. Learned HCGP has produced the records of investigation
which would go to show that victim has given her statement
before the Magistrate U/s 164 of Cr.P.C. wherein she has stated
that she was in love with the accused and she stayed in the
house of accused in spite of the parents asked victim to go to
her house. However, victim declined to go to her house and
continued to stay in the house of accused. The family
members of the accused were forced to give shelter to the
victim under threat that she is going to die. Thereafter, the
District Welfare Department Committee Officials have come to
the house of the accused and brought her to the Child
Protection Home.
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9. The date of birth of the victim as per the school records is
11.12.2007 and as on the date of filing of complaint on
01.08.2023, the victim was aged about 16 years 4 months and
odd days. The statement of victim given before Smt.Kalpana
S. Sail, Woman ASI of Women Police Station, Karwar,
statement given before the Magistrate U/s 164 of Cr.P.C. would
go to show that victim was in love with accused and she
continued to stay in the house of accused inspite of the family
members of accused asking her to go to her parental house.
The records produced in this case would go to show that victim
was in love with the accused and on her own accord she stayed
in the house of the accused.
10. Learned counsel for the petitioner in support of his
contention that the victim was in love with the accused and
moved on her own accord, is entitled for bail relied on the Co-
ordinate bench judgment of this Court in Puttappa @ Putta
son of Manjappa Vs. State of Karnataka (Crl. P. No.
9797/2017 dated 27.04.2018) wherein in the said case also
when the victim was in love with the accused and stayed with
the accused, bail has been granted. On the same principle,
reliance is also placed on the Co-ordinate bench judgment of
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this Court in Deepak son of Fakirappa Chalawadi Vs. State
of Karnataka (Crl. P. No. 100505/2021 dated
03.06.2021). In the said case also the victim was aged about
16 years and she moved with the accused on her own accord.
Since she is now age of understanding consequence of her acts
bail has been granted.
11. In the present case also the victim has stayed in the
house of accused on her own accord and there is no evidence
of the accused having committed forcible sexual assault on the
victim. The entire investigation is completed and charge sheet
is filed. Whether the accused has committed penetrated sexual
assault against the will of the victim is a matter of trial. The
accused is in judicial custody since from the date of his arrest.
Therefore, under these circumstances accused is entitled for
bail. Consequently, proceed to pass the following order.
ORDER
The bail petition filed by petitioner U/s 439 of Cr.P.C. is
hereby allowed.
The accused is ordered to be released on bail on his
executing personal bond and surety bond for a sum of
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Rs.1,00,000/- with one surety for the likesum to the
satisfaction of the trial court, subject to following conditions:
1) Accused shall produce address proof documents of
himself and that of his surety subject to police verification.
2) Accused shall not leave jurisdiction of the trial court
without prior permission.
3) Accused shall appear before the trial Court on every date
of hearing unless he is otherwise exempted.
4) Accused shall not tamper with the prosecution witnesses
in any manner.
Sd/-
JUDGE
BVV
CT:GSM
