IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.5120/2019 BETWEEN:
DINES NAYAK, S/O NARAYANA NAYAK, AGED ABOUT 26 YEARS, R/O BEHIND JEEVITHA HOSPITAL, CHINNAPPANAHALLI, H.A.L., BENGALURU – 560 037. ... PETITIONER (BY SRI HALESHA R.G., ADVOCATE) AND:
STATE BY CHANDRA LAYOUT POLICE STATION, BENGALURU.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ... RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.30/2019 OF CHANDRA LAYOUT POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S. 363 OF IPC AND SEC. 366, 344, 354, 376 OF IPC AND U/S.4, 6 AND 8 OF POCSO ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R A charge-sheet has been laid against the accused - petitioner for the offence under Sections 366, 344, 354 and 376 of IPC and Sections 4, 6 and 8 of POCSO Act on the allegations that the victim girl, who was aged about 17 years 6 months 12 days, daughter of the complainant, fell in love with the petitioner and they have decided to marry each other. In this context, it is alleged that, on 12.1.2019, the accused clandestinely took the victim girl to various places and have had sexual intercourse with her. Thereafter, they were traced and a case has been laid against the petitioner.
2. The evidence has already been started. On careful perusal of the evidence also, victim girl and the mother have not supported the case of the prosecution. They have not made any allegations of any sexual activity between the victim girl and the accused. Further added to that, they have taken a decision for performance of the marriage of the petitioner and the victim girl. Looking to the charge-
sheet papers itself, the victim girl has crossed 17 years 6 months and also considering the nature of allegations and the love affair between the accused and the victim girl, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.30/2019 of Chandra Layout Police Station registered against him for the offence punishable under Sections 366, 344, 354 and 376 of IPC and Sections 4, 6 and 8 of POCSO Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE MD