IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CRIMINAL PETITION NO.6879/2017 BETWEEN:
KEERTHI S/O. LATE MUKUNDA AGE ABOUT 26 YEARS, R/O. 3RD CROSS, PATTALADAMMA TEMPLE ROAD, HALAHALLI SLUM BOARD, MANDYA CITY, MANDYA DISTRICT-571807.
(BY SRI. PRASANNA KUMAR P. DAROJI, ADV.,) AND:
…PETITIONER THE STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR BY: MANDYA EAST POLICE STATION, MANDYA – 571807.
AMBEDKAR VEEDI, HIGH COURT BUILDING, BANGALORE-560001.
(BY SRI K. NAGESHWARAPPA, HCGP.,) ... RESPONDENT THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL. C.NO.44/2016 PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA AND CRIME NO.215/2015 OF MANDYA EAST POLICE STATION, MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 376, 511 OF IPC AND SECTION 8 AND 18 OF PROTECTION OF THE CHILDRENS FROM SEXUAL OFFENCES ACT, 2012 AND ETC., THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
2. The respondent police has registered a complaint against the petitioner in crime No.215/2017 for the offence punishable under Sections 341, 376 and 511 of IPC and Sections 8 and 18 of POCSO Act. The allegation against the petitioner is that on 17.11.2015, the petitioner took the victim girl to his house and subjected her to sexual harassment.
3. The only apprehension expressed by the learned HCGP is that if the petitioner is released on bail, he may threaten the prime witness, the victim girl when the Special court takes up trial.
4. The police have completed the investigation and filed charge sheet. The petitioner is in custody for the last one year and ten months according to the learned counsel for the petitioner. Since the investigation is completed and the police have invoked Section 8 of the POCSO Act, I am of the opinion that the petitioner can be admitted to bail because, maximum punishment that can be awarded for Section 8 extends up to five years. Therefore, I come to the conclusion that this petition can be allowed by subjecting the petitioner to some stringent conditions. Accordingly, the following:-
ORDER Petition is allowed. The petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) and providing two sureties for the likesum to the satisfaction of the trial Court and subject to the following conditions:
i) He shall appear before the trial Court regularly;
ii) He shall not threaten the witness nor tamper with the prosecution evidence.
iii) Petitioner shall not threaten the witnesses and if any complaint is made that the petitioner tries to influence any of the witnesses, the bail stands cancelled automatically.
Sd/-
JUDGE BSV