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IN THE HIGH COURT OF KARNATAKA AT BENGALURU


DATED THIS THE 23rd DAY OF FEBRUARY 2015
BEFORE
THE HONBLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.7876 OF 2014
Between:
Raja @ Rajashekar @
Steephen Raja
S/o Sugurappa
Age: 22 years
R/a C/o Advin, 2nd Cross
Rayapuram, J.J.R.Nagar
Bangalore 560 045

Petitioner

(By Shri Mohammed Pasha C., Advocate)

And:
State of Karnataka
By Chamarajpet police
Rep. by SPP
High Court Campus
Bangalore 560 001

Respondent

(By Shri Chetan Desai, High Court Government Pleader)


---

This Criminal Petition is filed under Section 439 Cr.P.C. to


release the petitioner on bail in Cr.No.222/13 of
(Spl.C.C.No.28/2014) of Chamarajpet Police Station, Bangalore
city for the offences punishable under Sections 376, 366, 363 of
IPC r/w Section 6 and 5 of POCSO Act.
This Petition coming on for Orders this day, the Court made
the following:ORDER
Heard the learned counsel for the petitioner and the learned
Government Pleader.

2. The petitioner is accused of offences punishable under


Sections 366A and 376 of the Indian Penal Code, 1860.

It

transpires that the petitioner had fallen in love with the daughter of
the complainant and it was known to them and the complainant had
assured the petitioner that he could marry the daughter of the
complainant once she attained adulthood. However, it transpires
that the petitioners parents had learnt that she was friendly with
other boys and that she was even eloped in the year 2012 with
another boy and there was opposition for the relationship being

continued.

It is in this background that it is alleged that the

petitioner, not willing to heed to his parents advice, had chosen to


take her away for several days. It is, on her found missing, that the
complaint had been lodged and thereafter, the whereabouts of the
petitioner and the victim having been traced, case had been
registered on the footing that the victim was less than 13 years and
hence, the petitioner was alleged to have kidnapped the girl and
also having raped. It is in this background that the petitioner had
approached the Court below seeking bail which has been rejected
on the footing that the victim was a young girl aged 13 years.

3. The present petition has been filed after a medical report


has been obtained, relating to the victim and it is pointed out by the
learned counsel for the petitioner that the minority of the girl is in
serious doubt.

That the report indicates that she is anywhere

between 17-18 years. Therefore, a radiology report can be off the


mark by atleast two years, as per the authorities and submits that
the petitioner should stand trial and he being incarcerated, would

result in a miscarriage of justice. It is also stated that the petitioner


and the victim are now married and it could hardly be stated that a
rape has been committed when she was well into adulthood, even
according to the medical report. Given this grey area as to the
minority of the girl and the consensual relationship of the petitioner
and the victim, the petitioner is held entitled to be enlarged on bail.

4. Accordingly, the petition is allowed. The petitioner shall


be enlarged on bail subject to the following conditions:
(i)

The petitioner shall execute a self bond for a sum


of `30,000/- with one surety for a like sum to the
satisfaction of the Court below.

(ii)

The petitioner shall not tamper with the evidence


or prevail upon the prosecution witnesses in any
manner.

(iii)

The petitioner shall attend the Court on all dates


of hearing.

(iv)

The petitioner shall not leave the jurisdiction of


the Court below without prior permission.

Sd/JUDGE

RV