IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6235/2017 BETWEEN Dilip Kumar Aged about 34 years, S/o. N. Eshwar R/at No.A4, Sai Ganga Apartment, Anjaneya Temple Road, Belaturu, Kadugodi, Bengaluru-560 067 (By Sri Balasubramanya B.N., Adv.) AND The State of Karnataka by Whitefield Police, Bengaluru District Rep. by State Public Prosecutor, High Court Complex, Bengaluru-560 001 (By Sri Chetan Desai, HCGP) ...PETITIONER ...RESPONDENT This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.226/2017 of White Field Police Station, Bengaluru, for the offence punishable under Section 8 of POCSO Act.
This petition coming on for Orders, this day, the Court made the following:
ORDER This is the petition filed by the petitioner-accused under Section 439 of Cr.P.C., seeking his release on bail of the alleged offence punishable under Section 8 of the Protection of Children from Sexual Offence (POCSO) Act, registered by the respondent-Police in Crime of 226/2017.
2. Brief facts of the prosecution case are that the mother of the victim girl is the complainant, wherein, it is alleged that the victim is his daughter, aged about 5 years 9 months, on 06.06.2017 around 4.30 p.m. when the victim was playing along with her friends in front of her house, suddenly she heard her daughter was crying and saying ‘no’ ‘no’, when she came outside the house her daughter said driver Dilip hugged her and kissed her roughly. When she asked the driver Aslam, he said he had seen the incident when the victim was running in front of the house and the petitioner hugged the victim from her back and kissed her roughly and in spite of her refusal he continued kissing her around. Hence, she sought action against the petitioner. On the basis of the said complaint a case came to be registered for the said offence as against the present petitioner.
3. Heard the arguments of the learned counsel appearing for the petitioner-accused and also learned HCGP for the respondent-State.
4. Learned counsel appearing for the petitioner made the submission that the victim girl did not know Kannada language and at 4.30 p.m. on 06.06.2017 it was raining, for that reason the petitioner went there and hugged the girl to protect her from the rain. Learned counsel further submitted that it was in the presence of all children who were playing. Hence, the learned counsel submitted that the petitioner has not committed the alleged offence as narrated by the prosecution and prayed to allow the petition by imposing reasonable conditions.
5. Per contra, learned HCGP referring the statement of the victim girl made the submission that as per statement and also averments made in the complaint, so also the statement of Aslam, the petitioner herein has committed the alleged offence under Section 8 of POCSO Act. Hence, he submitted that petitioner is not entitled to be granted with bail.
6. I have perused the grounds urged in the bail petition, F.I.R., Complaint and other materials like statement of victim girl and the statement of other witnesses.
7. During the course of hearing learned counsel for the petitioner had made submission that in order to protect the girl from the rain water petitioner hugged the girl. At this stage, the said possibility cannot be completely ruled out and so far as the alleged offence is concerned, it is a matter of trial. The petitioner contended that he is innocent, not involved in committing the alleged offence. Further there is also no allegation that he has done any sexual advances on the victim girl. Therefore, by imposing reasonable conditions petitioner can be admitted to regular bail. Petition is allowed. Petitioner/accused is ordered to be released on bail of the aforesaid offences in Crime No.226/2017 registered by the respondent-police, subject to the following conditions:
i) Petitioner execute self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court.
ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.
iii) He shall appear before the concerned Court regularly.
Sd/- JUDGE SBS*