IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ CRL.P.NO.3052/2019 BETWEEN:
BYRESH @ BYRESH P., S/O. PAPANNA, AGED ABOUT 24 YEARS, R/AT: NO.178, NEAR CHURCH, BIDARAHALLI HOBLI, KANNUR, BANGALORE – 562 149. … PETITIONER (By SRI D.MOHANKUMAR & SRI M.KRISHNEGOWDA, ADVOCATES) AND:
STATE OF KARNATAKA, STATE BY BAGALUR P.S., REPTD BY HIGH COURT GOVT. PLEADER, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. … RESPONDENT (By SRI I.S.PRAMOD CHANDRA, SPP-II) This petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.22/2019 of Bagalur Police Station, Bengaluru City for the offence P/U/S 354 of IPC and Sections 8 and 12 of POCSO Act.
This petition coming on for Orders this day, the Court made the following:
ORDER 1. Petitioner is the sole accused in Crime No.22/2019 of Bagalur Police Station registered for the offences punishable under Section 354 of IPC and Sections 8 and 12 of POCSO Act.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader appearing for the respondent – State.
3. It is stated in the First Information Report lodged by the Project Co-ordinator of one Manna Institute, that on 06.02.2019 the victim girl came to the said Manna Institute stating that she is an orphan and on 22.02.2019 she complained that earlier she was lodged at Hope Home Children Foundation at Kothanur main road and thereafter, she was staying with her aunt and during that time, her aunt’s brother i.e., the petitioner herein was harassing her physically and forcing her to have sexual intercourse. Based on the said complaint, the aforesaid case was registered against the petitioner. Petitioner came to be arrested on 28.02.2019.
4. Contention of the learned counsel for the petitioner is that the alleged incident is stated to have taken place in the month of September, 2018 and FIR has been lodged in the year 2019. He submits that there is considerable delay in lodging the complaint. He also submits that the case has not been registered on the complaint lodged by the victim girl. He further submits that the petitioner is innocent and he is ready and willing to abide by any reasonable conditions that this court may deem fit to impose. Accordingly, he seeks to allow this petition.
5. On the other hand, learned High Court Government Pleader submits that the victim girl is a minor aged about 16 years and if the petitioner is released on bail, then he may threaten the witness and hamper the case of the prosecution. Therefore, he seeks to dismiss the petition.
6. The offence is alleged to have taken place since September, 2018. The case has been registered on the complaint lodged by the Project Co-ordinator of one Manna Institute. Statement of the victim girl has already been recorded. The offences alleged against the petitioner are not exclusively punishable with death or imprisonment for life. Hence, considering the facts and circumstances of the case, I am of the view that petitioner may be enlarged on bail subject to conditions. Accordingly, I pass the following ORDER Petition is allowed. Petitioner is enlarged on bail in Crime No.22/2019 of Bagalur Police Station for the offences punishable under Section 354 of IPC and Sections 8 & 12 of POCSO Act, subject to following conditions:-
i) Petitioner shall execute a personal bond in a sum of `1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Trial Court/ Committal Court;
ii) Petitioner shall not tamper with the prosecution witnesses in any manner and shall not hamper the case of the prosecution;
iii) Petitioner shall mark his attendance at the jurisdictional police station on every Saturday between 10 a.m. to 5 p.m. till the filing of chargesheet;
iv) Petitioner shall be regular in attending the court proceedings; and v) If any of the conditions are violated, then the prosecution is at liberty to seek for cancellation of this bail order.
Sd/- JUDGE PKS