Mallikrihan S/O Abdulhameed Alias … vs The State Of Karnataka on 19 February, 2024

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Karnataka High Court

Mallikrihan S/O Abdulhameed Alias … vs The State Of Karnataka on 19 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                            NC: 2024:KHC-D:3860
                                                            CRL.P No. 100271 of 2024




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                 BEFORE

                              THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                                  CRIMINAL PETITION NO. 100271 OF 2024

                       BETWEEN:

                            MALLIKRIHAN S/O ABDULHAMEED
                            @ TAHIR AKKIALUR,
                            AGE: 23 YEARS, OCC: COOLIE,
                            R/O. 442, ANAND NAGAR,
                            MUNDAGOD,
                            DIST. UTTAR KANNADA-581349.
                                                                          ...PETITIONER
                       (BY SRI. K.M.SHIRALLI, ADVOCATE)


                       AND:

                       1.   THE STATE OF KARNATAKA
                            THROUGH MUNDGOD
                            POLICE STATION, U.K.
                            R/BY STATE PUBLIC PROSECUTOR,
                            HIGH COURT OF KARNATAKA,
ANNAPURNA
CHINNAPPA                   BENCH DHARWAD.
DANDAGAL
                       2.   MOHAMMED JAFAR S/O BABUSAB GARD,
 Digitally signed by
 ANNAPURNA
 CHINNAPPA
                            AGE: 43 YEARS, OCC: DRIVER,
 DANDAGAL
 Date: 2024.02.20
                            R/O. ANAND NAGAR,
 10:52:22 +0530             MUNDGOD,
                            DIST: UTTAR KANNADA-581349.
                                                                        ...RESPONDENTS
                       (BY SMT. GIRIJA S. HIREMATH, ADVOCATE)


                              THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
                       SEEKING TO ORDER THE RELEASE OF THESE PETITIONER/ACCUSED
                       ON BAIL IN MUNDGOD P.S. CRIME NO.135/2023, WHICH HAS BEEN
                       SUBSEQUENT     NUMBERED    AS   SPECIAL   CASE    NO.112/2023,
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                                      NC: 2024:KHC-D:3860
                                      CRL.P No. 100271 of 2024




REGISTERED FOR THE OFFENCES PUNISHABLE 4, 6 AND 12 OF
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND
UNDER SECTION 363, 366(A), 376(2) (N) OF IPC, PENDING ON THE
FILE AS OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
FTSC-I, U.K. KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED
UNDER POCSO ACT).


      THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                            ORDER

1. Accused in Spl. Case No.112/2023 pending before the

Court of Addl. District & Sessions Jude, FTSC-I, U.K. Karwar,

arising out of Crime No.135/2023 registered by Mundgod Police

Station, Uttara Kannada District, for the offences punishable

under Sections 363, 366A, 376(2)(N) IPC and Sections 4, 6 &

12 of the Protection of Children from Sexual Offences Act,

2012, is before this Court under Section 439 Cr.PC.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.135/2023 was registered by Mundgod

Police Station, Uttara Kannada District, initially for the offence

punishable under Section 363 IPC against unknown persons on

the basis of the complaint dated 26.08.2023 lodged by
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CRL.P No. 100271 of 2024

respondent no.2 herein who is the father of the minor victim

girl.

4. In the typed complaint dated 26.08.2023, it is averred

that complainant’s daughter aged about 17 years 7 months

who had left the house on 24.08.2023 at 4.15 p.m., had not

returned home thereafter. Efforts made by the complainant and

his relatives to trace her had failed, and therefore, the

complainant had approached the police. During the course of

investigation, the petitioner and the victim girl were traced

together at Bengaluru in the house of petitioner’s sister on

28.08.2023. Thereafter, the petitioner was produced before the

jurisdictional court and remanded to judicial custody. The

victim girl was subjected to medical examination on 28.08.2023

and her statement before the jurisdictional Magistrate under

Section 164 Cr.PC was recorded on 29.08.2023. Investigation

in the case is complete and charge sheet has been filed. Bail

application filed before the Trial Court in Crime No.135/2023

was rejected on 31.10.2023. Therefore, petitioner is before this

Court.

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5. Learned Counsel for the petitioner submits that the

petitioner and the victim girl were in love. The victim girl has

now attained the age of majority. From a perusal of the

statement made by the victim girl during the course of her

medical examination and also in her Section 164 Cr.PC

statement, it is very clear that the petitioner and the victim girl

were in love and were in relationship for nearly about 1½

years. Petitioner is aged about 22 years and he is in custody

from 29.08.2023. Investigation in the case is complete and

charge sheet has been filed. Accordingly, he prays to allow the

petition.

6. Learned HCGP has opposed the petition. On instructions

from the mother of the victim girl who is present before the

Court, she submits that as on the date of incident, the victim

girl was minor. The alleged offences get attracted against the

petitioner. Accordingly, she prays to dismiss the petition.

7. FIR in Crime No.135/2023 was registered on the

complaint of respondent no.2, initially for the offence under

Section 363 IPC against unknown persons after his minor

daughter was found missing from 24.08.2023 onwards. During
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the course of investigation, the petitioner and the victim girl

were traced together on 28.08.2023 in the house of petitioner’s

sister. The victim girl was subjected to medical examination on

28.08.2023. Before the doctor who had medically examined the

victim girl, she has stated that she was in love with the

petitioner for the last about two years and they had sex

multiple times. She had also stated that after she missed her

periods, she had consumed a tablet for termination of her

pregnancy and since she started bleeding, she went along with

the petitioner to Bengaluru on 24.08.2023 and stayed in his

sister’s house. Since the bleeding continued, they returned to

their village. Even in her statement under Section 164 Cr.PC,

she has again reiterated the same, but she has not admitted

that she was in love with the petitioner. In her statement

before the police under Section 161 Cr.PC, she has admitted

her relationship with the petitioner. Therefore, from a overall

reading of the entire charge sheet material, it can be clearly

gathered that the petitioner and the victim were in love and

they had sex on multiple occasions during the last about two

years. As on the date of the complaint, the victim girl was aged

about 17 years 7 months and as of now, she has completed 18
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CRL.P No. 100271 of 2024

years of age. Petitioner who is aged about 22 years is in

custody for the last more than five months. Investigation in the

case is completed and charge sheet has been filed. Under the

circumstances, I am of the opinion that the prayer made by the

petitioner seeking regular bail is required to be answered

affirmatively. Accordingly, the following order:

8. Petition is allowed. The petitioner is directed to be

enlarged on bail in Spl. Case No.112/2023 pending before the

Court of Addl. District & Sessions Jude, FTSC-I, U.K. Karwar,

arising out of Crime No.135/2023 registered by Mundgod Police

Station, Uttara Kannada District, for the offences punishable

under Sections 363, 366A, 376(2)(N) IPC and Sections 4, 6 &

12 of the Protection of Children from Sexual Offences Act,

2012, subject to the following conditions:

i. The petitioner shall execute personal bond for a sum
of Rs.1,00,000/- with one surety for the likesum to the
satisfaction of the jurisdictional Court;

ii. The petitioner shall appear regularly on all the dates of
hearing before the Trial Court unless the Trial Court
exempts his appearance for valid reasons;

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iii. The petitioner shall not directly or indirectly threaten
or tamper with the prosecution witnesses;

iv. The petitioner shall not leave the jurisdiction of the
Trial Court without permission of the said Court until
the case registered against him is disposed off.

Sd/-

JUDGE

KK

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