MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The petitioner is said to be accused of an offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012. It is stated by the complainant, who is the mother of the alleged victim, that on 09.12.2015 after returning from coolie work she found that her daughter was not in the house and that she went in search of her and while doing so, she heard some one weeping in the house of the accused and she suspected that it was her daughter and she had called upon others in the neighborhood to join her and is said to have entered the house of the accused and found that her daughter was weeping and she was informed that her daughter had been raped by the accused. It is on the basis of a complaint in that regard that a charge sheet against the accused has been filed. The medical practitioner who had examined the girl has also mentioned that there is history of sexual activity and it is learnt in retrospect that the girl had visited the house of the accused willfully at about 1.00 p.m. and they had engaged in sexual activity and there was no sign of force or violence from the medical examination of the victim. It is in this background that the case has been registered against the accused. The court below on an application seeking bail has rejected the same on the ground that even if there was consensual sex, since the victim was a minor it would amount to rape and further the Forensic Science Laboratory Report was awaited and therefore it was not a fit case where the petitioner could be considered for enlargement on bail. As the charge sheet has been filed and though the FSL Report is awaited, in the admitted circumstances that there was consensual sex between the accused and the victim, the only question would be as to what would be the consequences that flow in such a situation, which could be considered at the trial, there is no warrant to detain the petitioner in custody in the face of the evidence having been gathered and charge sheet having been filed. Consequently, the petitioner has made out a case for enlargement on bail.

(3.) Accordingly, the petition is allowed. The petitioner shall be enlarged on bail subject to the following conditions: