Minor Sexual Assault Victim & Her Mother Turning Hostile Amounts To 'Changed Circumstances' For Grant Of Bail: Karnataka High Court

A single judge bench of Justice K Natarajan allowed the petition filed by accused Hanumanthappa and directed him to be released on bail on execution of a personal bond of Rs 2 lakh with two sureties of like amount.

The accused was arrested on October 2, 2020 under for the offences 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.

As per the FIR, the petitioner forcefully married a minor girl aged about 14 years and committed sexual assault on her. The bail application filed by the accused came to be rejected by the Addl. District and Sessions Judge vide order dated May 24, 2021. Trial proceeded and the accused moved the High Court seeking bail citing 'changed circumstances'.

The petitioner submitted that the victim and her mother were examined before Special Court as PW.1 and PW.2 and both of them turned hostile and did not supported the case of the prosecution. It was also pointed out that investigation of the case is complete and a charge sheet has been filed.

The prosecution on the other hand opposed the plea, stating that the court can convict the petitioner based upon the evidence of the doctor and investigating officer.

Findings

"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," the Court osberved at the outset.

It noted that now the charges have been framed and trial was started before the Special Court where the deposition reveals that the victim girl and her mother turned totally hostile.

Following which it held, "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."

It rejected the State's opposition, stating that in spite of treating the two witnesses as hostile, nothing is elicited by the SPP in favour of prosecution.

Case Title: Hanumanthappa v State of Karnataka & Others

Case No: Criminal Petition No. 3997/2022

Citation: 2022 LiveLaw (Kar) 207

Date of Order: June 2, 2022

Appearance: Advocate Chakravathy T S for petitioner; HCGP K S Abhijeeth for respondent

Click Here To Read/Download Order