IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7521/2017 BETWEEN:
MANJU S/O. RAMANAYAKA @ CHIKKANDU, AGED ABOUT 28 YEARS, R/AT CHIKKATHUPPURU VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT-571 313.
...PETITIONER (BY SRI. MANJUNATH N.D, ADV.) AND THE STATE OF KARNATAKA BY GUNDLUPETE POLICE STATION, CHAMARAJANAGARA DISTRICT, REP. BY SPP, HIGH COURT, BENGALURU-01.
(BY SRI. CHETAN DESAI, HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.212/2017 OF GUNDLUPETE POLICE STATION, CHAMARAJANAGAR AND SPL.C.NO.85/2017 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR, FOR THE OFFENCE P/U/S 448, 354(A), 511 OF IPC AND SEC.4,6 AND 8 OF POCSO ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 4, 6 and 8 of POSCO Act, registered with respondent – police station in Crime No.212/2017 now pending in S.C.No.85/2017 on the file of Principal District and Sessions Judge, Chamarajanagar.
2. Brief facts of the prosecution case are that the father of the victim girl is the complainant. He has stated in the complainant that his daughter is studying in 5th Standard. On 11.04.2017 at about 12.30 p.m. the petitioner came to the house of the complainant when his daughter was alone in the house and asked water for drinking and when the victim girl gave water to the petitioner, under the guise of drinking water, he caught hold her hand and kissed her, removed her clothes and making her to lie on the ground he made an attempt to commit sexual intercourse on her. When the victim girl screamed, neighbours by name Basavanaika and one Gundamma came to the house and they saw the petitioner running away from the complainant’s house. The complainant who had been to the land came to know what had happened to his daughter when he back to the house at about 1.00 p.m. On the basis of the said complaint, case came to be registered for the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and entire charge sheet material.
5. Looking to the complaint, the victim girl is of 11 years old. There are statements of eye witnesses who are the neighbours, recorded by the Investigating Officer during investigation. In their statements, they have stated that on hearing the screaming noise of the victim girl, they came to the complainant’s house and saw the present petitioner running away from the said house. The alleged offences under the provisions of the POSCO Act are serious in nature. Looking to these materials, the prosecution, at this stage, has placed prima-facie material as against the petitioner. Therefore, this is not a fit case for grant of bail. Accordingly, the petition is hereby rejected.
6. Since the main petition is disposed of, the question of considering I.A.No.1/2017 does not arise. Accordingly, the same is disposed of.
Sd/- JUDGE *alb/-.