IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1086/2019 Between:
Sri Ajith Kumar @ Ajith, S/o Seeni @ Srinivas, Aged about 21 years, R/at Kennady’s 2nd Line, Orgaum, K.G.F., Kolar District – 563 120. … Petitioner (By Sri G.S. Patil, Advocate) And:
State of Karnataka, Represented by PSI, Oorgaum Police Station, K.G.F., Kolar District – 563 120, Represented by SPP, High Court Building, Bangalore – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.142/2018 of Oorgaum Police Station, K.G.F., for the offences p/u/s 366-A, 376 of IPC r/w Section 4 of POCSO Act, 2012.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.142/2018 for the offences punishable under Sections 366A and 376 of IPC and Section 4 of POCSO Act, 2012.
2. The case of the prosecution is that the mother of the victim has made a complaint to respondent Police on 07.12.2018 alleging that her daughter had been kidnapped and had expressed suspicion on the petitioner being involved in the kidnap of her daughter. It is further stated that the victim had left the house at 9.00 a.m. on 06.12.2018 stating that she will go to college but did not return. In light of the above said fact and the suspicion entertained by mother of the victim, a complaint came to be lodged.
3. Though the victim is stated to have left the house on 07.12.2018, it is stated that the said victim returned alongwith the petitioner on 09.12.2018. The complaint was lodged by the mother of victim on the basis of which FIR is registered, investigation is complete and charge sheet has been filed.
4. The learned counsel for the petitioner points out that there was consensual relationship between the petitioner and victim and draws the attention to the statement of the victim recorded under Section 164 of Cr.P.C. wherein, it comes out clearly that victim had approached the petitioner and requested him to take her away, failing which she would die.
5. Taking note of the said stand of the victim in the statement recorded before the Magistrate, without expressing any conclusive opinion as regards to the said statement and its implication on the trial and in light of the investigation having been completed, consensual relationship would be a mitigating factor, accordingly the petitioner is entitled to be enlarged on bail.
6. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.142/2018 for the offences punishable under Sections 366A and 376 of IPC and Section 4 of POCSO Act, 2012, subject to the following conditions:-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR