IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4248/2019 BETWEEN RECARDO ANTHONY DAS @RICKY S/O LATE VICTOR NIRMALDAS AGED ABOUT 20 YEARS R/A. # F3, LJAJNEST DR. BENDRE LAYOUT GUBBI CROSS, KOTHANUR BENGALURU – 560 085 ... PETITIONER (BY SRI. D. MOHAN KUMAR., ADVOCATE FOR SRI. M. KRISHNE GOWDA., ADVOCATE) AND STATE OF KARNATAKA STATE BY BANASWADI P.S.
REP. BY HIGH COURT GOVT PLEADER HIGH COURT OF KARNATAKA BENGALURU .. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 129/2019 OF BANASWADI POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 354 D (1), 506 OF IPC AND U/Ss. 11 AND 12 OF POCSO ACT 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Against the petitioner, a charge sheet has been filed by the respondent/Banaswadi Police in Special Case No.492/2019 for the offences punishable under Sections 354(D)(1), 506 and also Sections 11 and 12 of POCSO Act,2012, which is pending on the file of the 53rd Addl. City Civil and Sessions Judge, Bengaluru.
2. The facts of the said case disclose that, the accused/petitioner was often eye teasing the victim girl- Kum. Tasmiya Khan, aged 16 years, daughter of one Mohd. Abdulla Khan, resident of Lingarapuram and the accused was also residing at Lingarajapuram. It is alleged that, the said girl was attending tuitions. On 09.03.2019 the victim girl came out of tuition classes and when she was on her way to her house, the accused along with other two persons intercepted her, tried converse with her and tried to show her some obscene photographs stored in his mobile and he also once kissed her. It is alleged that, the accused person made her unconscious by keeping to kerchief to her face and when she gained conscious, she noticed that, she was in a building under construction and her clothes were torn and she was raped, and she has also noticed that, among three persons only one person was there and he threatened her with dire consequences not to inform anybody about this incident. With these allegations, a complaint has been lodged and the police have investigated the matter and filed charge sheet. The charge sheet also discloses that the police have also recorded the further statement of the victim girl. In her further statement, she disowned her earlier statement, stating that because of some force, she has given some wrong statement against the accused persons.
3. Be that as it may. Even accepting the entire material on record, the offence under Sections 11 & 12 of POCSO Act and under Section 354(D)(1) & 506 of IPC are not either punishable with the sentence of death or imprisonment for life, but the maximum punishment prescribed for the above said offences is five years imprisonment. Therefore, considering the nature of the allegations and facts of the case, particularly the accused being arrested on 13.03.2019 and since then, he has been in judicial custody, I am of the opinion that it is a fit case where the petitioner is entitled to be enlarged on bail. Hence, I pass the following order:
ORDER The petition is allowed. The petitioner shall be released on bail in connection with Special C.C. No.492/2019 pending on the file of the LIII Addl. City Civil and Sessions Judge at Bengaluru, for the offences punishable under Sections 354(D)(1), 506 of IPC and Sections 11 & 12 of the POCSO Act, on following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Ruppes One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) 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.
ii) The petitioner shall appear before the court on all future dates of hearing, unless exempted by the Court for any genuine cause.
Sd/-
JUDGE KGR*