IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.332/2019 BETWEEN:
GOPAL ROY S/O. ANIL ROY AGED ABOUT 35 YEARS R/AT: C/O # 48, 7TH CROSS 11TH MAIN ROAD SHAKAMBARI NAGAR J.P.NAGAR 1ST STAGE BANGALORE – 560 032 ... PETITIONER (BY SRI D.MOHAN KUMAR, ADV., FOR SRI M.KRISHNEGOWDA, ADV.,)) AND:
STATE OF KARNATAKA REPRESENTED BY J.P.NAGAR P.S., HIGH COURT GOVT. PLEADER HIGH COURT OF KARNATAKA BANGALORE – 560 001 (BY SRI K.P.YOGANNA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.268/2018 OF J.P.NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 366, 328, 342, 354, 363 AND 506(B) OF IPC AND SECTION 8 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard. Perused the records.
2. The offences alleged against the petitioner are under Sections 366, 328, 342, 354, 363 and 506(B) of IPC and Section 8 of POCSO Act.
3. The brief allegations are that the accused has taken away the minor girl along with him and tried to have sexual favour from that girl knowing fully well that the said girl was a minor. There is no specific allegation against the accused that he had any sexual activity with that girl. The offence alleged under Section 8 of POCSO is not punishable either with death or imprisonment for life. The petitioner was arrested on 14.11.2018 and since then he has been in judicial custody.
4. Earlier the complaint was alleged under Section 363 of IPC. But the materials on record shows that the accused and victim girl were moving freely with each other.
3. Looking to the above said facts and circumstances, the offences alleged are not punishable either with death or imprisonment for life. Considering the incarnation of the petitioner since 14.11.2018, I am of the opinion that 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.268/2018 of Jayaprakash Nagar Police Station on the file of 53rd Additional City Civil and Sessions Judge at Bangalore, registered for the offence punishable under Sections 366, 328, 342, 354, 363 and 506(B) of IPC and Section 8 of POCSO Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum 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 HJ