Karnataka High Court
Shiva @ Shivakumar vs The State Of Karnataka And Anr on 30 May, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2024:KHC-K:3424
CRL.A No. 200027 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO.200027 OF 2024 (U/S 14A)
BETWEEN:
SHIVA @ SHIVAKUMAR
S/O VENKATAYYA BOYA
AGE: 20 YEARS,
OCC: COOLIE WORK
R/O. ALHAL VILAGE
TQ: KUKKINDA VILLAGE,
DIST: DARUBA, DIST: VIKARABAD
...APPELLANT
(BY SRI RAJESH DODDAMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed
by SHILPA R GURUMITKAL POLICE STATION
TENIHALLI
Location: HIGH GURUMITKAL, YADGIR DISTRICT
COURT OF
KARNATAKA NOW REPRESENTED BY,
THE ADDITIONAL STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 105.
2. BHEEMAPPA
S/O NARASAPPA OGGANI
AGE: 47 YEARS,
OCC: COOLIE WORK,
R/O. KESHWAR VILLAGE
TQ: GURUMITKAL
-2-
NC: 2024:KHC-K:3424
CRL.A No. 200027 of 2024
DIST: YADGIR-585 214.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
R2 SERVED)
THIS CRL.A IS FILED U/SEC. 14A OF SC/ST (PA) ACT,
PRAYING TO SET ASIDE THE ORDER DATED 02-01-2024
PASSED BY THE HON'BLE DISTRICT AND SESSIONS JUDGE
YADGIR IN CRIMINAL MISC NO.653/2023 AND CONSEQUENTLY
ENLARGE THE APPELLANT/A-1 (AS PER CHARGE SHEET) ON
BAIL IN CONNECTION WITH CRIME NO.153/2023 OF
GURUMITKAL POLICE STATION REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 366 (A), 376 (2) (N)
OF INDIAN PENAL CODE AND U/S 4 AND 6 OF THE POCSO ACT
AND U/S 3 (1) (W) (I AND II), 3 2 (V) OF SC/ST PA ACT 1989.,
NOW PENDING ON THE FILE OF HON'BLE DISTRICT AND
SESSIONS JUDGE, YADGIR IN SPL.C.No.101/2023.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Accused in Crime No.153/2023 registered by
Gurumitkal police station, Yadgir district for the offences
punishable under Sections 366A and 376(2)(n) of IPC,
Sections 4 and 6 of Protection of Children from Sexual
Offences Act, 2012 (for short 'POCSO Act') and Sections
3(1)(w) (i & ii) and 3(2)(v) of the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for
short 'SC/ST (PA) Act') is before this Court in this appeal
NC: 2024:KHC-K:3424
filed under Section 14A of the SC/ST (PA) Act seeking
regular bail.
2. Heard learned counsel for the appellant and the
learned High Court Government Pleader for respondent
No.1. Respondent No.2 though served in the matter has
remained absent.
3. The FIR in Crime No.153/2023 was registered
by Gurmitkal police, Yadgir district initially for the offences
punishable under Section 363 of IPC against unknown
person on the basis of the first information received from
Bheemappa, who is the father of the victim girl on
19.09.2023. During the course of investigation, victim
girl, who is aged about 17 years and the appellant, who is
aged about 20 years were traced together in Hyderabad
and were brought back to their village. The appellant was
arrested and produced before the jurisdictional Court on
20.09.2023 and remanded to judicial custody. The
investigation in the case is completed and charge sheet
has been filed. The bail application filed by the appellant
NC: 2024:KHC-K:3424
before the Trial Court in Crl.Misc.No.653/2023 was
rejected on 02.01.2024. Therefore, he is before this
Court.
4. Learned counsel for the appellant having
reiterated the grounds urged in the memorandum of
appeal submits that the appellant and the victim girl are in
love and victim has not made any serious allegations
against the appellant. The investigation in the case is
completed and charge sheet has been filed. Accordingly,
he prays to allow the appeal.
5. Per contra, learned High Court Government
Pleader has opposed the prayer made in the appeal and
submits that the victim is a minor and therefore, the
alleged offences get attracted against the appellant.
Hence, he prays to dismiss the appeal.
6. The material available on record would go to
show that the victim girl, who is aged about 17 years was
found missing from her house from 24.08.2023 onwards.
The first informant, who is the father of the victim girl had
NC: 2024:KHC-K:3424
approached the police belatedly on 19.09.2023 and
submitted first information regarding missing of his minor
daughter. During the course of investigation, the
appellant and the victim girl were traced together in
Hyderabad. The material on record would go to show that
the appellant and the victim girl were acquainted with
each other and they were in love.
7. The statement of the victim girl under Section
164 of Cr.P.c. was recorded by the jurisdiction Magistrate
on 23.09.2023. The victim girl has not made any serious
allegations against the appellant and on the other hand
she stated that she had voluntarily travelled with the
appellant on 24.08.2023 and they had gone to Venkatpur
in Telangana and stayed in the appellant's aunt house and
thereafter, they traveled to Kukkind village in Telangana
and stayed in the house of the appellant for two days.
Subsequently, they had travelled to Lingampalli village in
Telangana and had stayed in a rented premises for several
days. Since they did not find any job in Lingampalli
NC: 2024:KHC-K:3424
village, they had travelled to Hyderabad and stayed in a
rented room. The police had apprehended the appellant
and victim girl at Hyderabad. The appellant, who is aged
about 20 years has no other criminal antecedents and is in
judicial custody from 20.09.2023. The investigation in the
case is completed and charge sheet has been filed. The
allegations against the appellant are required to be proved
in a full-fledged trial. Under these circumstances, I am of
the opinion that the appellant has made out a prima facie
case for grant of regular bail. Accordingly, I proceed to
pass the following order:
ORDER
The appeal is allowed.
The impugned order passed by the Trial Court in
Crl.Misc.No.653/2023 is set aside.
The appellant is directed to be enlarged on bail in
Crime No.153/2023 of Gurumitkal Police Station, Yadgir
district, registered for the offences punishable under
NC: 2024:KHC-K:3424
Sections 366A, 376(2)(n) of IPC, Sections 4 and 6 of
POCSO Act and Sections 3(1)(w) (i & ii) and 3(2)(v) of the
SC/ST (PA) Act, pending on the file of learned District and
Sessions judge, Yadgir in Spl.Case.No.101/2023, subject
to the following conditions:
a) The appellant shall execute personal bond for a
sum of Rs.1,00,000/- with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) 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;
c) The appellant shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
d) The appellant shall not involve in similar offences
in future.
Sd/-
JUDGE
SRT
