IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 29TH DAY OF SEPTEMBER, 2022

BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 102591 OF 2022

BETWEEN:

SHRI. PARVEJ @ RAHUL S/O. JUBED SHAH

AGE. 20 YEARS, OCC. BUSINESS,
R/O. SULTANPUR, TQ. RAMANAGAR,
DIST. VARANASI,
U.P. PIN-221007.

…PETITIONER

(BY SRI. S M MUCHHANDI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

THE POLICE INSPECTOR
BELAGAVI RURAL POLICE STATION,
TALUK. DISTRICT: BELAGAVI, PIN-590001,
REPRESENTED BY ITS,
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
AT. DHARWAD BENCH, PIN-580011.

2. SHRI. MARUTI S/O. MASANU PATIL

AGE. 53 YEARS, OCC. AGRICULTURE,
R/O. KALMESHWAR GALLI,
SAVAGAON,
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CRL.P No. 102591 of 2022

TALUK. AND DIST. BELAGAVI,

PIN-590006.

…RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
R2 - SERVED)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

SEEKING TO THAT THE PETITION BE ALLOWED AND THE
PETITIONER/ACCUSED MAY BE ENLARGED ON REGULAR BAIL
IN BELAGAVI RURAL P.S. CR.NO.179/2021, SPL.CASE
NO.64/2022 U/S 363, 366(A), 341, 376(2)(n), 344, 506 OF IPC
AND SECTION 4 AND 6 OF POCSO ACT ON 15.03.2022 ON THE
FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-
I, BELAGAVI.

THIS CRIMINAL PETITION COMING ON FOR

ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

This petition is filed by the sole accused under

Section 439 of Cr.P.C., seeking bail in Crime

No.179/2021 of Belagavi Rural Police Station,

registered for the offences punishable under

Sections 363, 366(A), 341, 376(2)(n), 344, 506 of

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CRL.P No. 102591 of 2022

The Indian Penal Code (hereinafter referred to as

the ‘IPC’, for brevity), Sections 4 and 6 of

Protection of Children from Sexual Offence Act,

2012 (hereinafter referred to as the ‘POCSO Act’

for brevity), pending in Spl.Case No.64/2022 on

the file of Additional District and Sessions Judge

FTSC-I, Belagavi.

2. The case of the prosecution is that one

Maruti the father of the victim girl has filed the

complaint stating his daughter-victim girl is aged

17 years 8 months. It is further stated that on

24.12.2021 at about 12 O’clock in the afternoon

his daughter told his mother that she is going

outside and left the house and she did not return.

On search she was not found and on called, her

mobile phone was switched off. The complainant

suspected that the petitioner who used to come to

their house on and often kidnapped his daughter-

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CRL.P No. 102591 of 2022

victim girl. The said complaint came to be

registered in Crime No.179/2021 for offence

punishable under Section 363 of IPC against this

petitioner.

The theory put forth by the prosecution is that

the victim and petitioner came in contact with each

other and they started talking over phone and

started loving each other. On 18.10.2021 the

petitioner took the victim to his house by the side

of nursery and committed sexual intercourse on

her and he had committed sexual intercourse on

her several times. On 24.12.2021 the petitioner

kidnapped the victim girl and took her to Hubballi

from there they went to Sultanpur in Uattar

Pradesh by train, where the petitioner had sexual

intercourse with her and as a result she became

pregnant. After the investigation, the Police filed

the charge sheet and the case came to be

registered in Spl.Case No.64/2022. The petitioner

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CRL.P No. 102591 of 2022

who came to be arrested on 22.01.2022 and he is

in judicial custody, filed Criminal Miscellaneous

No.1032/2022 seeking bail and the same came to

be rejected by the Additional District and Sessions

Judge FTSC-I, Belagavi by order dated 03.09.2022.

Therefore, the petitioner/accused is before this

Court seeking bail.

3. Heard the arguments of learned counsel

appearing for petitioner and learned High Court

Government Pleader for respondent No.1-State.

Respondent No.2 who was present on the previous

date before this Court has prayed not to grant bail

to the petitioner.

4. The learned counsel for the petitioner

would contend that on perusal of the statement of

the victim girl recorded by the Investigating

Officer revealed that she was in love affair with

this petitioner. The doctor who examined the

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CRL.P No. 102591 of 2022

victim girl has noted that there is old tear of

hymen and vaginal smear negative for

spermaterea, the skeletal age is more than 18

years and dental age is more that 15-16 years.

The victim girl in her statement recorded under

Section 164 of Cr.P.C. has stated that the

petitioner took her to temple and tied

mangalasutra to her neck. The petitioner is aged

20 years and if he is continued in the prison he will

came in contact with hardcore criminals. As the

charge sheet is filed, the petitioner is not required

for custodial interrogation. With this, he prayed to

allow the petition.

5. Per contra, learned High Court

Government Pleader contends that the doctor who

examined the victim girl has noted that the victim

girl is pregnant of 17 weeks. In the statement of

victim girl recorded under Section 164 of Cr.P.C.,

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CRL.P No. 102591 of 2022

the victim girl has stated that the petitioner taking

away her to Uttra Pradesh in train and having

sexual intercourse on her. The DNA test report of

the product of conception of the blood samples of

the victim girl and the report shows that the

petitioner is biological father and the victim girl is

biological mother of product of conception. It is

his further submission that the petitioner is the

resident of Uttra Pradesh and if he is granted bail

there are chances of fleeing and not available for

trial. With this, he prayed to reject the petition.

6. Having regard to the submissions made

by learned counsel for the petitioner and learned

High Court Government Pleader for respondent

No.1-State, this Court has gone through the

charge sheet records.

7. The date of birth of the victim girl as per

her school records is 02.04.2004 and she is aged

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CRL.P No. 102591 of 2022

17 years 8 months as on the date of alleged

offence. The statement of the victim girl has been

recorded by the Investigating Officer revealed that

she is in love affair with this petitioner. The

victim girl went along with the petitioner in a train

for three days and reached to Uttra Pradesh. The

petitioner took the victim girl to temple and tied

mangalasutra to her neck. The victim girl is of the

age of understanding the consequences of her

acts. As the charge sheet is filed, the petitioner is

not required for custodial interrogation. There are

no criminal antecedents of the petitioner. Merely

because the petitioner is the resident of Uttar

Pradesh is not a ground to refuse bail. The main

apprehension of the prosecution is that, if the

petitioner is granted bail, he will threaten the

complainant, victim girl and other prosecution

witnesses, can be met with by imposing stringent

conditions.
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CRL.P No. 102591 of 2022

8. In the facts and circumstances of the

case and submission of the counsel, this Court is

of the view that there are valid grounds for

granting bail subject to certain terms and

conditions. Hence, I proceed to pass the following:

ORDER

The petition filed under Section 439 of Cr.P.C.

is allowed. Consequently, the petitioner/accused

shall be released on bail in Crime No.179/2022 of

Belagavi Rural Police Station, subject to the

following conditions:

i) The petitioner shall execute a personal

bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety
for the like sum to the satisfaction of
the jurisdictional Court.

ii) The petitioner shall not indulge in

tampering the prosecution witnesses.
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CRL.P No. 102591 of 2022

iii) The petitioner shall attend the Court

on all the dates of hearing, unless
exempted, and co-operate in speedy
disposal of the case.

Sd/-
JUDGE

SMM