IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9218/2017 BETWEEN:
DARSHAN S/O ANNEGOWDA AGED ABOUT 19 YEARS OCC: HOTEL WORK R/AT SIDDARAHALLI VILLAGE SHIVAMOGGA-577201. ... PETITIONER (BY SRI R.B.DESHPANDE, ADV.) AND:
THE STATE OF KARNATAKA BY TUNGANAGAR POLICE STATION SHIVAMOGGA TOWN-577201.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU -560001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRL.P. FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.561/2017 OF TUNGA NAGAR POLICE STATION, SHIVAMOGGA FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 143, 144, 147, 354(D), 354(B), 323, 324 AND 506 READ WITH 149 OF IPC AND SECTION 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
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 petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Sections 143, 144, 147, 354D, 354B, 323, 324, 506 read with 149 of IPC, registered in respondent – police station in Crime No.561/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and also other materials produced in the case.
4. One Pavithra – mother of the victim girl is the complainant in this case, wherein she has alleged that her daughter was studying in I-PUC and whenever she going and coming from the school, the petitioner along with accused No.1 were teasing and giving ill- treatment to the daughter of the complainant and accused No.1 was threatening by showing knife to her even in the bus insisting her to love accused No.2 Darshan herein, otherwise they will not leave her. Further, the averments in the complaint also goes to show that the accused Nos.1 and 2 along with other supporters came to the house of the complainant, picked up quarrel, even they insisted and asking what is the hurdle for their daughter to love accused No.2 – Darshan and they tried to assault with the stone on the father and when the complainant intervened, it is avoided. On the basis of the said complaint, case came to be registered for the said offences.
5. During the course of hearing the petition, the learned High Court Government Pleader made the submission referring to the case file that there are some injuries sustained by the persons on the side of the complainant but the injuries are simple in nature. The petitioner/accused No.2 contended that there is false implication, he never went to the house and picked up quarrel along with other accused persons and he is ready to abide by any reasonable conditions to be imposed by this Court. The alleged offences are not exclusively punishable with death or imprisonment for life. From the date of arrest till now, the petitioner/accused No.2 is in custody. Therefore, it is a fit case to exercise discretion in favour of the petitioner/accused No.2 by imposing reasonable conditions.
6. Accordingly, petition is allowed.
Petitioner/accused No.2 is ordered to be released on bail in Crime No.561/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE NC.