IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2616/2019 BETWEEN:
Pramod D M, S/o. Mahadevappa, Aged about 19 years, Resident of Dugganahalli, Kirugavalu Hobli, Malavalli Taluk, Mandya-571 430. ...Petitioner (By Ms. Raksha Keerthana K, Advocate for Sri. Kemparaju, Advocate) AND:
State of Karnataka by Malavalli Rural Police, Rep by its Public Prosecutor, High Court Complex, Bengaluru-560 001. ... Respondent (By Smt. Namitha Mahesh B G, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.33/2019 of Malavalli Rural Police Station, Mandya for the offences punishable under Sections 323, 324, 504, 506, 354-B read with Section 34 of IPC and Sections 8 and 12 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been taken out of the turn because of the submission made by learned counsel for the petitioner that the petitioner-accused No.1 is an Engineering student and examinations is said to commence from 22.04.2019 and if the bail petition is not considered expeditiously, he will not be in a position to attend his examination by collecting his hall ticket. Under the said facts and circumstances, the said case has been taken out of the turn.
2. The present petition has been filed by the petitioner-accused No.1 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.33/2019 of Malavalli Rural Police Station, Mandya for the offences punishable under Sections 323, 324, 504, 506, 354(B) read with 34 of IPC and Sections 8 and 12 of POCSO Act.
3. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
4. The gist of the complaint is that on 02.03.2019 at about 8:30 p.m., when the complainant was in her house along with her husband and daughter, the accused persons due to some old rivalry, went near her house, accused No.1, by taking the stone started quarreling and at that time, accused No.2 forcibly dragged the daughter of the complainant, torn her clothes and tried to molest her. Accused No.1 caused grievous injuries to complainant’s daughter by biting her middle finger. When the complainant tried to stop the accused persons, accused Nos. 1, 3 and 4 assaulted and caused grievous injuries. On the basis of the complaint, a case has been registered.
5. It is the submission of the learned counsel for petitioner that there is a delay in filing the complaint. Accused Nos.2 to 4 have been already on bail by the learned District Judge, on the ground of parity, the petitioner-accused No.1 is also entitled to be released on bail. It is further submitted that the petitioner-accused No.1 was not present at the time of the alleged incident and the alleged injuries suffered by the complainant and her family members are simple in nature and they are out of danger. The petitioner is ready to abide by any of the terms and conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, she prayed to allow the petition and to release the petitioner-accused No.1 on bail.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.1 along with other accused persons went near the complainant’s daughter and tried to molest her and the petitioner-accused No.1 assaulted and bit her middle finger and caused grievous injuries. The petitioner-accused No.1 is absconding and is not available for the investigation or interrogation. On these grounds, she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
8. By going through the contents of the complaint and other materials, it discloses that due to previous enmity, the petitioner-accused No.1 along with other accused persons went near the house of the complainant and started quarreling and assaulted the complainant and her minor daughter and accused No.1 bit middle finger of her daughter. Though the case is registered under the POCSO Act, but the said act of POCSO is alleged as against one Manoj-accused No.2 and he has been already released on bail. Under the said facts and circumstances of the case, I feel by imposing some stringent conditions, if the petitioner is released on bail, then it is going to meet the ends of justice.
9. In that light, criminal petition is allowed. The petitioner-accused No.1 is enlarged on anticipatory bail in the event of his arrest in Crime No.33/2019 of Malavalli Rural Police Station, Mandya for the offences punishable under Sections 323, 324, 504, 506, 354(B) read with 34 of IPC and Sections 8 and 12 of POCSO Act, subject to the following conditions:
1. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station till the charge sheet is filed.
5. He shall be regular in attending the Court.
6. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE RB