IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1645 OF 2019 BETWEEN:
RAMESH KUMAR S/O LATE S. MANIKYAM AGED ABOUT 54 YEARS R/AT NO.58/A, 1ST MAIN ROAD R.J.GARDEN, ANAND NAGAR CHANNAPPANAHALLI MARATHAHALLI BENGALURU-560 037 … PETITIONER (BY SHRI. VEERANNA G. TIGADI, ADVOCATE) AND:
STATE OF KARNATAKA REP. BY INSPECTOR OF POLICE HAL POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ... RESPONDENT (BY SHRI. S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.416/2018 (SPL.C.C.NO.830/2018) OF H.A.L.P.S, BANGALORE CITY FOR THE OFFENCE P/U/S 377 OF IPC AND SECTION 5(M),5(L),6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER One Abdul Rafoob and his wife lodged a complaint on 20.09.2018 alleging that their son Master Abdul Rasheed was sexually assaulted by the petitioner. Accordingly, FIR No.416/2018 has been registered in HAL Police Station, Bangalore. After investigation, police have filed charge sheet for offences punishable under Sections 377 IPC & 5(M), 5(L), 6 of POCSO Act, 2012.
During investigation, petitioner was taken into custody on 21.09.2018 and sent to judicial custody.
2. Shri Veeranna G.Tigadi, learned advocate for the petitioner submits that petitioner was running a daycare centre along with his wife. Complainants’ son was admitted to petitioner’s daycare centre. Due to certain differences between petitioner and complainants, complainants have filed the instant false complaint. The medical certificate issued by the Professor in Pediatrics, Bangalore Medical Centre, in MLC Case No.217-218 which is part of charge sheet does not disclose commission of any offence by the petitioner. The petitioner is a respectable citizen and prepared to abide by conditions which this Court may impose. Accordingly, he prays for allowing this petition.
3. Shri Rachaiah, learned HCGP argued opposing the petition.
4. I have carefully considered rival submissions and perused the records.
5. It is stated in the complaint that complainants had got their son treated in Sakra Hospital. Accordingly, this Court had directed learned HCGP to make available the medical records from Sakra Hospital. It is stated by Shri Rachaiah that despite best efforts, State is unable to secure the said records. Shri Tigadi has placed reliance on a medical certificate issued by the Professor in Pediatrics, Bengaluru Medical College, Bowring and Lady Curzon Hospital, recording that child was admitted to hospital with sexual assault. Swabs collected from rectal, perianal & oral area and undergarments were collected and sent to Forensic Science Laboratory for analysis. A copy of the test report issued by the State FSL, Government of Karnataka dated 16.11.2018 issued by the Senior Scientific Officer, has been annexed to the petition. The opinion recorded by the Senior Scientific Officer shows that presence of seminal stains was not deducted in item Nos.1, 2, 3, 4 and 5. Petitioner has been in detention for nearly one year. He is aged about 54 years. He is said to be running a daycare centre.
Keeping in view of the facts and circumstances of the case and particularly the FSL report, this Court is of the opinion that petitioner’s case for enlargement on bail merits consideration on strict terms. In the circumstances, the following:
ORDER (i) Petitioner shall be released on bail upon his executing a self bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the learned trial Judge;
(ii) Petitioner shall not tamper with the evidence;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(iv) Petitioner shall not involve himself in any criminal activities; and (v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE Yn.