IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.1588 OF 2019 BETWEEN:
MR ABDUL SALAM S A S/O LATE ABUBAKKAR H AGED ABOUT 39 YEARS, R/AT 1-55, KEDILA, BANTWAL VILLAGE & TALUK, D K 574243. ... PETITIONER (By Sri. RAHUL RAI.K., ADVOCATE FOR Sri. ARUNA SHYAM M, ADVOCATE) AND:
THE STATE OF KARNATAKA THROUGH VITLA POLICE STATION, D.K., REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU- 560 001. ... RESPONDENT (By Sri.DIVAKAR MADDUR, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.306/2018 OF VITLA P.S., D.K., FOR THE OFFENCES P/U/S 354 OF IPC AND SECTIONS 8 AND 12 OF POCSO ACT.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed by the accused seeking bail in Crime No.306/2018 of Vitla Police Station registered for the offences punishable under section 354 of Indian Penal Code and sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act, 2012”). After completion of investigation, charge sheet has been filed for the offences punishable under sections 354(A) and (D) of Indian Penal Code and sections 10 and 12 of POCSO Act, 2012.
2. I have heard the learned counsel appearing for the petitioner and learned HCGP for the respondent – State.
3. It is the case of the prosecution that on 30.12.2018, at about 10.00 a.m., when the victim girl aged about 9 years had been to the mobile shop of the accused situated at Mani Village, in order to download a Tulu movie in a pen-drive, at that time, accused is stated to have called her inside the shop and shown her some obscene pictures and also touched her private parts and gave her Rs.10/- stating that she should not disclose the matter to anybody. The complaint was lodged by the mother of the victim. The accused came to be arrested on 31.12.2018. After completion of investigation, charge sheet has been filed.
4. Learned counsel for the petitioner would contend that a false case has been filed implicating the petitioner on account of some enmity and the petitioner is innocent and he has not committed any offence, much less the offence alleged against him. He further submits that the entire investigation is completed and charge sheet has been filed and the petitioner is not required for any custodial interrogation. Accordingly, he seeks to allow the petition.
5. Learned HCGP appearing for the respondent – State, on the other hand, vehemently contended that the offence committed by the petitioner is serious in nature and if he is enlarged on bail, then he may tamper with the victim girl and also prosecution witnesses and accordingly, he seeks to dismiss the petition.
6. The allegation against the accused/petitioner is that on 30.12.2018, at about 10.00 a.m., when the victim girl went to his mobile shop for downloading a Tulu movie in a pen-drive, at that time, the accused called her inside the shop and shown her some obscene pictures and talked with her vulgarly and also touched her chest and private parts and thereafter, gave her Rs.10/- telling her not to inform the matter to any other person. No doubt, the allegations are serious in nature. The truth or otherwise of the allegations have to be established during trial of the case. The accused/petitioner was arrested on 31.12.2018 and since then, he is in judicial custody. Investigation is completed and charge sheet has been filed. The offences alleged are not exclusively punishable with death or imprisonment for life. It is also stated that the statement of the victim has been recorded under section 164 of Cr.P.C. In that view of the matter, I am of the view that the petitioner may be enlarged on bail by imposing suitable conditions. Accordingly, I pass the following:-
ORDER Petition is allowed. The petitioner is enlarged on bail, subject to the following conditions:-
(i) The petitioner shall execute a personal bond in a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court;
(ii) The petitioner shall not tamper with the prosecution witnesses in any manner and shall not hamper the case of the prosecution; and (iii) The petitioner shall be regular in attending the court proceedings.
If any of the conditions are violated, then the prosecution is at liberty to move for cancellation of bail.
Bss.
Sd/- JUDGE