IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4507/2019 Between:
Chandan Lal, S/o Dharmegowda, Aged about 26 years, R/at No.5, Lakshmamma Nilaya, 2nd Cross, Neerubavi Kempana Layout, Hebbala, R.T. Nagar Post, Bangalore – 560 024. … Petitioner (By Sri Rahul Rai K., Advocate) And:
The State of Karnataka, Through Hebbal Police Station, Bengaluru, Represented by its State Public Prosecutor, High Court Building, Bangalore – 560 001. … Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.142/2018 (Spl. C.C. No.705/2018) of Hebbal Police Station, Bangalore for the offences p/u/s 363, 366A, 376 (D) (A), 506 r/w 34 of IPC and Sections 3, 4, 6 of POCSO Act and Section 3 (2) (v) of SC/ST (POA) Act.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER It is to be noted that accused No. 2 has been enlarged on bail as per the order dated 25.06.2019 in Crl.P.No.2743/2019. The imputation as regards the present petitioner - accused No.1 is identical and the contentions raised in the earlier petition i.e., Crl.P.No.2743/2019 are adopted by the learned counsel for the petitioner in the present case. Accordingly, taking note of the contentions raised and observations made in Crl.P.No.2743/2019, the present order is passed on similar lines.
2. The Petitioner - accused No.1 is seeking to be enlarged on bail with respect to his detention relating to Crime No.142/2018 for the offences punishable under Sections 363, 366A, 376 (D) (A), 506 read with Section 34 of IPC, Sections 4 and 6 of the POCSO Act and under Section 3(2)(v) of the SC/ST (POA) Act.
3. The case that is made out in the complaint is that the mother of the victim had filed a complaint stating that the victim was aged about 15 years and on 23.07.2018, the daughter went out of the house and did not return. A complaint that the victim was missing was lodged on 24.07.2018.
4. The complaint was lodged, FIR was registered and charge sheet has been filed. During the course of investigation, after the arrest of accused No.3 and on the statement of the said co-accused, the petitioner has been arrested. It is stated that the petitioner is in custody since 07.08.2018.
5. Learned counsel for the petitioner states that the statement of the victim is recorded under Section 161 of Cr.P.C., as well as before the Magistrate under Section 164 of Cr.P.C., and it is a specific stand of the petitioner that his name is not mentioned in the statements. Learned counsel for the petitioner points out the cross-examination of P.W.-1, wherein the petitioner specifically denies the suggestion that the petitioner herein had committed the offence of rape.
6. However, it would not be appropriate to discuss the weight of the evidence as the same would prejudice the trial. Noticing that the investigation is complete, charge sheet has been filed, statement of the accused under Section 164 of Cr.P.C., has been recorded, the evidence of the victim is complete and that the victim also specifically asserts in the cross- examination that the petitioner has not committed the offence, case is made out for enlarging the petitioner on bail. It is made clear that the question of the petitioner having committed the offence is a matter for trial.
7. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.142/2018 for the offences punishable under Sections 363, 366A, 376 (D) (A), 506 read with Section 34 of IPC, Sections 3, 4 and 6 of the POCSO Act and under Section 3(2)(v) of the SC/ST (POA) Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate with the expeditious disposal of the trial and shall not indulge in any criminal activities of like nature henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion.
Sd/- JUDGE VP