IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2291 OF 2019 BETWEEN:
Charankumar @ Charan, Aged 24 years, S/o.Chandrashekar, R/at No.263, Gagandarshan Apts., 3rd Cross, V.Nagenahalli, R.T.Nagar, Bengaluru-560 032. …Petitioner (By Sri.Chandrahasa Rai.B, Advocate) AND:
The State of Karnataka, By Halsoor Police Station, Bengaluru, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.418/2018 (Spl.C.C.No.79/2019) of Halasur P.S., Bengaluru for the offence p/u/s 363, 343, 376 r/w 34 of IPC and Sec.4, 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in relation to Crime No.418/2018 for the offences punishable under Sections 363, 343, 376 read with 34 of IPC and Sections 4 and 6 of POCSO Act, 2012.
2. The case of the prosecution is that complaint came to be filed by the mother of the victim on 13.11.2018 stating that her daughter did not come back from college on 12.11.2018 and that she was missing. On the basis of the said complaint, FIR was registered and investigation is completed and charge sheet has been filed.
3. It is the submission of the learned counsel for the petitioner that the victim has voluntarily left home and further states that version of the victim as contained in the statement recorded under Section 164 of Cr.P.C on 18.12.2018 does not indicate the commission of any act of sexual assault. Hence, it is contended that proof of offence is a matter for trial and as the victim went missing on 12.11.2018 and came back on 25.11.2018, the involvement of the petitioner in the commission of offence is a matter to be proved.
4. Taking note of the fact that version of the victim as recorded in the statement before Magistrate under Section 164 of Cr.P.C does not reveal the occurrence of any act of sexual assault against the victim. Taking note of the said statement for the present, petitioner is entitled to be enlarged on bail.
5. The proof of the offence is a matter during trial. Though, it would not be appropriate to express conclusively as regards the weight of the evidence as regards the statement under Section 164 of Cr.P.C and its impact on the trial for the present proceedings, the version of the victim as contained in the Section 164 of Cr.P.C could be taken note of.
6. Accordingly, petitioner is entitled to be enlarged on bail in Crime No.418/2018 for the offences punishable under Sections 363, 343, 376 read with 34 of IPC and Sections 4 and 6 of POCSO Act, 2012, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(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) The petitioner shall not indulge in any criminal activities of like nature.
(vi) 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 on the merits of the case.
Sd/- JUDGE NS