IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1215/2019 BETWEEN:
PRASHANTH M.P.
S/O. LATE PRAKASH M.P. AGED ABOUT 27 YEARS R/AT BANNIKODU VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT-577 106. ... PETITIONER (BY SRI. RUDRAPPA P., ADVOCATE FOR SRI. NAGARAJ H.H., ADVOCATE) AND:
THE STATE OF KARNATAKA BY RURAL POLICE STATION HARIHAR, HARIHAR TALUK DAVANAGERE DISTRICT-577 106.
BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001. ... RESPONDENT (BY SRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.15/2019 OF HARIHARA RURAL POLICE STATION, DAVANAGERE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 354-D, 384, 420, 509 OF IPC READ WITH SECTION 12 OF POCSO ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying to release him on anticipatory bail in the event of his arrest in Crime No.15/2019 of Harihara Rural Police Station, Davangere District for the offences punishable under Sections 363, 354(D), 384, 420, 509 of IPC read with Section 12 of the Protection of Children from Sexual Offences Act. (‘POCSO’, for short).
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that the complainant was a student studying in 2nd PUC in AVK college, Davangere. The petitioner/accused came in contact with her since one year. When she had gone to Car festival, he took her photos and told that he would show her photos to her parents and would upload the same in to the Facebook and WhatsApp. He has taken her gold chain and cash by threatening. Further he has taken her to Anagodu Park on his bike on 14.01.2019. By showing her photos he has forced her to marry him. When the complainant refused to marry him as he is already married, he has threatened her that he would show her photos to her parents and he would paste the photographs on the wall of the village.
4. On the basis of the complaint, a case has been registered against the petitioner/accused.
5. It is the submission of the learned counsel for petitioner that petitioner/accused is innocent and he has not committed any offence as alleged in the complaint. It is further submitted that there is a delay of one year in lodging the complaint and no reasons have been assigned for the said delay. The petitioner/accused is agriculturist and he is the only bread earning member of his family. The petitioner and the complainant and her family members are well known to each other since several years. Only at the behest of the family members, a false complaint has been lodged against the petitioner. It is further submitted that the alleged offences are not punishable either with death or imprisonment for life and submits that he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer sureties. Custodial interrogation of the petitioner is not necessary. On these grounds, learned counsel for the petitioner prayed to allow the petition and to release the petitioner/accused on bail.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has eloped a minor girl and outraged her modesty and took her gold chain and cash. There is a prima-facie material in the petition to show that he also committed an offence punishable under Section 12 of POCSO Act. If accused is released on bail, he may tamper with the prosecution witnesses and he may abscond and may not available for trial. Hence, prays to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials on record which has been produced in this behalf.
8. On close reading of the contents of the complaint and other materials, it discloses that there is an inordinate delay nearly about one year in filing the complaint. The statement of the victim recorded under Section 164 of Cr.P.C. that complainant is aged about 17 years and no where she has specifically stated that accused sexually assaulted her except giving vague statement that accused misused her and he has done like sexual act. But there is no specific averments made in this behalf even in the complaint. There is no allegation about sexual assault by the accused to the complainant in the complaint.
9. Under the facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused is enlarged on bail, it is going to meet the ends of justice.
10. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.15/2019 of Harihara Rural Police Station, Davangere District for the offences punishable under Sections 363, 354(D), 384, 420, 509 of IPC read with Section 12 of the POCSO Act subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on executing 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 Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station for a period of six months.
In view of the disposal of the main petition, I.A.No.1/2019 does not survive for consideration. Hence, I.A.No.1/2019 is disposed of.
JS/-
Sd/- JUDGE