IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6773/2019 BETWEEN MADIWALA MACHAIAH @ MACHA S/O SRI. SIDDALINGAIAH AGED ABOUT 20 YEARS R/AT KACHAVADI VILLAGE HULIYURDURGA HOBLI KUNIGAL HOBLI TUMKUR DISTRICT 572 130 ... PETITIONER (BY SRI. GIREESHA R.J., ADVOCATE) AND STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION BENGALURU 560 019 REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.64/2019 OF HANUMATHANAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 363 AND 344 OF IPC AND SEC. 8 OF POCSO ACT 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent–State. Perused the records.
2. The brief allegations made against the petitioner/accused is that, he persuaded the victim girl (CW.2) stating that, he fell in love with her; he wants to marry her; he would take care of her and in spite of CW.2 refused to go with him leaving her parents, it is alleged that, on 05.04.2019, the accused took her to Thippasandra Village in Kunigal Taluk and kept her in a rented house and there they lived together.
3. The allegation against the petitioner/accused is that, he has just touched her private parts etc. and there is no allegation of the accused committing sexual assault on her. The offence under Section 8 of the POCSO Act invoked by the respondent-police is not punishable either with death or imprisonment for life.
4. On perusal of the records, it appears that the victim girl has crossed 17 years as on the date of alleged incident. Therefore, the aspect that, ‘Whether the victim girl was minor or not as on the date of the incident, and whether with the consent of the victim girl, the accused took her with him or not’, have to be established during the course of full dressed trial.
4. It is submitted that, the petitioner has already been arrested and remanded to judicial custody, and charge sheet has already been filed. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused-Madiwala Machaiah @ Macha shall be released on bail in connection with Crime No.64/2019 of Hanumanthanagar Police Station, Bengaluru registered in Spl.CC No.871/2019 for the alleged offence, now pending on the file of LIII Addl. City Civil and Sessions Special Judge, Bengaluru (CCH-55), subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*