IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3490/2019 Between:
Jeevan A.N., S/o Narayana A.D., Aged about 18 years, Residing at K. Nidugane Village, Galibeedu Post, Madikeri Taluk, Kodagu District – 571 201. … Petitioner (By Sri R.K. Mahadeva, Advocate) And:
The State of Karnataka, The Station House Officer, Madikeri Rural Police Station, Madikeri Rural Circle, Kodagu District – 571 201.
Rep. by State Public Prosecutor, High Court Building Complex, Bengaluru – 560 001. … Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.66/2019 of Madikeri Rural Police Station, Kodagu for the offences p/u/s 354A, 506, 279 and 337 of IPC and Sections 8 and 12 of POCSO Act.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.66/2019 for the offences punishable under Sections 354(A), 506, 279, 337 of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012.
2. The case of the prosecution is that the complaint was filed by the father of the victim alleging that the friend of the victim and her mother had come to his house and requested the complainant to send his daughter in order to attend a religious function at Muthappa Temple. It is stated that the complainant had sent his daughter to the function and that on the midnight of the same day, he had received a phone call from the resident of Galibeedu stating that his daughter had met with an accident and had been admitted to the Government Hospital at Madikeri. It is further stated that after medical treatment and when the victim had regained consciousness and upon enquiry, she revealed that the petitioner had offered to drop her after the function in the Temple and as she was familiar with the petitioner, she accepted the offer. She has stated that on the way, the petitioner has committed the offences as aforestated. Pursuant to the same, the complaint has been lodged, FIR is registered and investigation is in progress.
3. The learned counsel for the petitioner points out that though the alleged incident is stated to have occurred on 05.04.2019, the complaint was filed only on 12.04.2019, which raises doubts as regards the version of the prosecution. It is further stated that even otherwise, the offences are punishable with imprisonment upto three years that could be extended upto five years. It is further submitted that the petitioner is a student pursuing 1st year Bachelor of Business Administration and that proof of offence is a matter for trial, that the proof of the case rests solely on the evidence of the victim and therefore, custodial interrogation, as such, is not required.
4. Taking note of the fact that the proof of offence rests on the testimony of the victim and taking note of the submission of the petitioner that there is delay in lodging the complaint and the proof of offence is a matter for trial and also considering that the petitioner is a student, the petitioner is entitled to be enlarged on bail by imposing appropriate conditions.
5. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.66/2019 for the offences punishable under Sections 354(A), 506, 279, 337 of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.66/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
6. In light of disposal of the petition, no orders are called for as regards I.A.No.1/2019 for interim bail. It is disposed of as requiring no further orders.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR