IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7389/2017 BETWEEN:
Bheemappa @ Bheema S/o Hanumanthappa Aged about 26 years A.K. Colony, Kondajji Village Harihara Taluk Davanagere District-577 602. ... PETITIONER (By Sri Harsha A K, Adv.) AND:
The State of Karnataka Represented by Police Sub-Inspector Harihara Rural Police Station Davanagere District-577 602.
Represented by the State Public Prosecutor High Court Buildings Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.123/2017 pending on the file of II Additional District and Sessions Judge, Davanagere and Crime No.113/2017 of Harihara Rural P.S., Davanagere, for the offences P/U/S 448, 504 of IPC and Section 8 of POCSO Act, 2012.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 448, 504 of IPC and under Section 8 of the POCSO Act registered in respondent – police station Crime No.113/2017.
2. The case of the prosecution is, victim herself is the complainant. It is alleged that when she was alone in the house, the petitioner herein entered into the house and asked her to repair his phone as he had some problem with his hand set. Though the complainant told that she does not know, petitioner forced her and came near her and touched her body and squeezed her chest and made attempt to embrace her and thereby the complainant was offended and pushed him. Again when she went inside the room he followed her and did the same act once again. When she shouted for help, the petitioner ran out of the house. When her parents came, on enquiry, she told about the act committed by the petitioner. On the basis of the said complaint, case was registered for the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
4. Looking to the materials placed on record, so also, the allegations made in the complaint, the victim girl is a minor belonging to SC/ST. There is a specific allegation as against the petitioner that he molested her and when she screamed, he ran away from the house. The offence is also under the provisions of POCSO Act, which is serious in nature.
5. Hence, petition is rejected.
Sd/- JUDGE bkp