IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4249/2019 BETWEEN:
Mahan Poojare @ Mote, S/o Beri Poojara, Aged about 45 years, R/at: # 16/B, Ashraya Colony, 4th Cross, Sanjana Nagara, Bengaluru-560 001.
(By Sri.D.Mohan Kumar, Advocate for Sri.B.R.Vinaya, Advocate) AND:
State of Karnataka, State by Basavanagudi P.S., Represented by High Court Govt., Pleader, High Court of Karnataka Bangalore-560 001.
(By Sri.Honappa, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.21/2019 (Spl.C.No.486/2019) registered by Basavanagudi Police Station, Bengaluru for the offence p/u/s 354(A) of IPC and Section 7 and 8 of POCSO Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.21/2019 of Basavanagudi Police Station registered for the offences punishable under Sections 7, 8, 12 of POCSO Act and Section 354(A) of IPC, now culminated in filing of charge-sheet and registration of the case in Spl.C.No.486/2019 on the file of LIII Additional City Civil and Sessions Judge at Bangalore.
3. The brief allegations against the petitioner- accused are that, a lady by name Lakshmi Devi has lodged a complaint stating that, on 01.03.2019 when she went out for household work, at that time, the petitioner who is a watchman, residing in watchman shed of neighbouring apartment has called the victim girl, who was aged about 5 years and took her to the toilet and he touched her private parts and also asked her to touch his private parts. The victim girl has intimated the same to the complainant and on the basis of these allegations, a complaint has been lodged. After investigation, charge-sheet has been filed.
4. On perusal of the material on record, it reveals that, the offences punishable under Sections 7, 8 and 12 of POCSO Act and Section 354(A) of IPC are not exclusively punishable either with death or imprisonment for life. The above said allegations have to be established during the course of full fledged trial. There is no medical evidence available on record as on today. Under such circumstances, the petitioner who has been arrested and is in judicial custody at present, is entitled to be enlarged on bail. Hence, the following;
ORDER The Criminal Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.21 of 2019 of Basavanagudi Police Station on the file of LIII Additional City Civil and Sessions Judge at Bangalore, registered against him for the offences punishable under Sections 7, 8 and 12 of POCSO Act and Section 354(A) of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-( One Lakh Ruppes 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 the 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 SB