After the victim and her mother turned hostile during trial, the Karnataka High Court has granted bail to an accused alleged to have sexually assaulted a minor girl and marrying her.
A single bench of Justice K. Natarajan passed this order while hearing a Criminal Petition filed by Hanumanthappa.
The criminal petition is filed by the petitioner/accused under Section 439 of Code of Criminal Procedure, 1973 for granting bail in respect of Crime of Jagaluru Police Station, Davanagere for the offence punishable under Section 376 of Indian Penal Code, 1860, Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act.
The case of the prosecution is that on the complaint of CDPO-Lokeshwarappa complaint came to be registered on 16.09.2020 alleging that the petitioner has forcefully married a minor girl aged 14 years and committed sexual assault on her. After registering the case, after recording the statement of the victim, police arrested the petitioner-accused and remanded him in judicial custody. His bail application was rejected by the Court order dated 24.05.2021 by II Additional District and Sessions Judge and Special Judge, Davanagere. Hence, the petitioner is before this court seeking bail on the changed circumstances.
Counsel for the petitioner contended that now the petitioner is before the Court on the additional ground and changed circumstances that victim and her mother examined before Special Court and both of them turned hostile and not supported the case of the prosecution. The petitioner has been in judicial custody from 02.10.2020. Investigation is completed. Charge sheet filed. Petitioner is ready to abide by the conditions imposed by the Court. With this, pray to allow the petition.
Per contra, the High Court Government Pleader seriously objected to the bail petition and contended that even the court can convict the petitioner based upon the evidence of the doctor and investigating officer and prayed to reject the bail petition.
“Of course, the case is against the petitioner for committing sexual assault on the victim girl below 18 years and marrying the victim girl. Section 9 of Prohibition of Child Marriage Act is invoked by Police. Though the victim and her mother gave a statement before the Police against the petitioner during investigation, but, they turned hostile in the court. Now the charges were framed, trial was started before the Special Court, where the deposition reveals that the victim girl and mother of victim girl turned totally hostile. In spite of treating them as hostile, nothing is elicited by SPP in favour of prosecution.
Therefore, under the facts and changed circumstances, successive bail petitions can be allowed without expressing any opinion on the merits of the case. Except for further trial, petitioner is not required to be detained in judicial custody. Hence, I am of the view that, if the petitioner is enlarged on bail by imposing stringent conditions, it will not prejudice the case of the prosecution,” the Court observed while allowing the petition.
The Court ordered that,
The trial Court is directed to release the petitioner/accused on bail in Crime of Jagaluru Police Station, Davanagere, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of 2,00,000/- (Rupees two lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court.
ii. The petitioner shall not tamper the prosecution witnesses directly or indirectly.
iii. The petitioner shall not indulge in similar offences.
iv. The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court.
v. The petitioner shall take the trial without causing any delay.
If any of the conditions is violated, then the prosecution is at liberty to move an application for cancellation of bail.