Sri Parashurama Gowdar vs State Of Karnataka on 16 May, 2023
Bench: M G Bymguj
Introduction:
In a recent ruling, the Karnataka High Court, presided over by Justice M G Uma, granted bail to Sri Parashurama Gowdar in Criminal Petition No. 1541 of 2023. The petitioner had sought bail under Section 439 of the Criminal Procedure Code (Cr.P.C.) in relation to a case registered against him at the Gowribidanur Town Police Station, Chikkaballapur. The case involved allegations of offenses under the Child Marriage Restraint Act, POCSO Act, and various sections of the Indian Penal Code.
Background:
The petitioner, Sri Parashurama Gowdar, aged 24 years and a resident of Ramathahala Village, Hunaguda Taluk, Bagalkot District, was the sole accused in the case. The charges against him included Sections 366, 376(2)(n) of the IPC, Section 9 of the Child Marriage Restraint Act, and Section 6 of the POCSO Act. The complainant, Mr. Srishyla, lodged the first information report with the Gowribidanur Town Police Station, leading to the arrest and subsequent detention of the petitioner.
Arguments Presented:
Sri Raghavendra P.H, the advocate representing the petitioner, argued that his client was innocent and falsely implicated in the case. He emphasized that the victim was a major, above 18 years of age, and had not undergone medical examination. Furthermore, the petitioner had no criminal antecedents and was a permanent resident, willing to comply with any conditions imposed by the court.
On the other hand, Sri Krishna Kumar K.K., the High Court Government Pleader, contested the bail application, stating that serious allegations were made against the petitioner. He highlighted the victim’s age at the time of the incident, emphasizing that she was a minor. According to the prosecution, the petitioner had kidnapped and sexually assaulted the victim despite being aware of her age.
Court’s Decision:
After considering the arguments presented by both parties, Justice M G Uma concluded that the allegations against the petitioner were of a serious nature. However, taking into account the victim’s refusal to undergo medical examination, her statement recorded under Section 164 of the Cr.P.C., and the absence of criminal antecedents on the part of the petitioner, the court determined that his continued detention would infringe upon his right to life and liberty.
The court ruled in favor of the petitioner and granted him bail in Crime No.64/2022 of the Gowribidanur Town Police Station. The bail order required the petitioner to furnish a bond of Rs. 2,00,000/- (Rupees Two Lakhs only) with two sureties of equal amount, subject to specific conditions. These conditions included refraining from committing similar offenses, avoiding threats or tampering with prosecution witnesses, and appearing before the court as required. The court also stated that any violation of these conditions could result in the prosecution seeking cancellation of bail.
Conclusion:
The Karnataka High Court’s decision to grant bail to Sri Parashurama Gowdar in this high-profile case has sparked both support and controversy. While the court acknowledged the serious nature of the allegations, it considered various factors, including the victim’s refusal to undergo medical examination and the petitioner’s lack of criminal history. The court’s decision emphasizes the importance of ensuring the protection of individual rights while upholding the principles of justice and fair trial
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
