IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5456 OF 2019 BETWEEN:
M.K.SALAM S/O.ABDULLA AGED ABOUT 38 YEARS R/O.KADANGA ARAPATTU VILLAGE VIRAJPET TALUK KODAGU DISTRICT – 571 212.
... PETITIONER (BY SRI.HASMATH PASHA, SR., ADV., FOR M/S.HASHMATH PASHA ASSTS.,) AND:
STATE OF KARNATAKA BY VIRAJPET RURAL POLICE STATION KODAGU – 571 218.
…RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.58/2019 OF VIRAJPET RURAL POLICE STATION, KODAGU FOR THE OFFENCE P/U/S 354-A, 342 R/W.34 OF IPC AND U/S.8 AND 12 OF THE POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner & the learned HCGP for the respondent – State. Perused the records.
2. The police have registered a case in Crime No.58/2019 for the offences under Sections 354-A, 342 of IPC and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. Amongst the above said offences, Section 8 of POCSO Act, is non- bailable in nature, but the offence is punishable with imprisonment which may extend to 5 years.
3. The brief allegations of the case are that the petitioner had assured the complainant to get caste certificate of the son of the complainant. In this context, it is stated that the accused on the date of the incident i.e., on 9.7.2019, had called the complainant’s husband – Riju to send his wife - complainant and daughter, aged about 15 years to Virajpet post office. When both the persons had gone there, at that time, he made them to take rest in the car belonging to the accused bearing No.KA-12-MA-0809. Thereafter, it is alleged that he took them to the Bapthu out house at about 2.00 p.m. and made the complainant to sit in a room and took the victim girl to his another room and infact, he kissed her. On the above allegations, the police are still investigating the matter.
4. Considering the nature of allegations and facts of the case and as well as the offences being not punishable with serious punishment, the allegations have to be established during the course of trial, hence, in my opinion, the petitioner is entitled to be enlarged on bail particularly, under Section 439 of Cr.P.C. As the petitioner was remanded to judicial custody, he is no more required for further investigation. Hence, the following:-
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.58/2019 of Virajpet Police Station registered against him for the offences punishable under Sections 354-A, 342 of IPC and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, 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 VMB