IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA Criminal Petition No. 9639/2018 C/w.
Criminal Petition No.9693/2018 In Criminal Petition No.9639/2018: BETWEEN:
ESHWAR KUMAR S/O RATAN THURYE, AGED ABOUT 22 YEARS, R/AT: DR.SANDEEP REDDY BUILDING, BALLURU GRAMA, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE-560 102. ... PETITIONER (BY SRI D.MOHAN KUMAR, ADV.) AND:
THE STATE OF KARNATAKA STATE BY ATTIBELE PS, HIGH COURT GOVT PLEADER, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
... RESPONDENT (BY SRI K P YOGANNA, HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.397/2017 (SPL.C.No.70/2018) OF ATTIBELE P.S., BANGALORE DISTRICT FOR THE OFEFNCE P/U/S 7,8 OF POCSO ACT.
In Criminal Petition No. 9693/2018 BETWEEN:
SRI GOVIND KUMARA S/O.RAJKUMAR MANDAL AGED ABOUT 19 YEARS R/A.BALLURU GRAMA ATTIBELE HOBLI ANEKAL TALUK BANGALORE 560 102. ….PETITIONER (BY SRI PRADEEP C.S., ADV.) AND:
THE STATE OF KARNATAKA STATE BY ATTIBELE PS HIGH COURT GOVT.PLEADER HIGH COURT OF KARNATAKA BANGALORE 560 001. …RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION FILED UNDER SECTION 439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENARGE THE PETITIONER ON BAIL IN CR.NO.397/2017 (SPL.C.NO.70/2018) OF ATTIBELE P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 7, 8 OF POCSO ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Criminal Petition No.9639/18 is filed by accused no.2 whereas, Criminal Petition No.9693/18 is filed by accused no.1 in connection with Crime No.397/17 on the file of Attibele Police.
2. Heard the learned counsel for the petitioners and perused the records.
3. The brief facts of the case are that, a lady by name Smt.Gudiya Devi, lodged a complaint stating that on 16.11.2017 at about 2 p.m. when her daughter (victim girl) had been to attend the nature call, at that time, accused nos. 1 and 2 i.e. petitioners in these petitions have forcibly took the victim girl and kissed her cheek and thereby tried to drag her from one place to another.
4. On the basis of abovesaid allegations, Police have registered a case under Sections 7 and 8 of the POCSO Act. Accused persons were arrested by the Police. They are in judicial custody and are produced before the jurisdictional Magistrate. Offences under Sections 7 and 8 are not punishable either with death or imprisonment for life. Therefore, considering the nature of allegations and also the gravity of offence, I am of the opinion that, as the petitioners have already been arrested and investigation has been done and charge sheet has been filed, petitioners are entitled to be enlarged on bail. Hence, the following:
ORDER Both the petitions are hereby allowed. Petitioners shall be released on bail in connection with Spl.Case No.70/2018) on the file of Addl.Civil Judge (Jr.Dn.) & JMFC Court, Anekal, Bangalore Rural District for the offences punishable under Sections 7 and 8 of POCSO Act on the following conditions:
(a) The petitioners shall execute their personal bonds for a sum of Rs.1 lakh each with one surety for the likesum to the satisfaction of the trial Court.
(b) The petitioners shall not indulge in tampering the prosecution witnesses and they shall appear before the Court below on all the future hearing dates unless exempted by the Court for the genuine cause.
(c) The petitioners shall not leave the jurisdiction of the trial Court without prior permission from the Court till the completion of the trial.
Sd/- JUDGE Sk/-