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 CRIMINAL PETITION NO.3784 OF 2019 BETWEEN SRI BHARAT KUMAR L. @ BHARATH RAJ S/O LATE LAKSHMAIAH AGED ABOUT 27 YEARS TEACHER R/AT NO.292, YELLAREDDY CIRCLE ROAD NEAR SRINIDHI FANCY STORES KADUGODI PLANTATION BENGALURU – 560 067 …PETITIONER (BY SRI G.V.SHASHIKUMAR, ADVOCATE) AND STATE BY WHITEFIELD POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.187/2019 REGISTERED BY WHITEFIELD POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 354(A) OF IPC AND SECTION 12 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP. Perused the records.
2. A case has been registered against the petitioner on the complaint lodged by a person by name Charlotte Bergar, father of the victim girl and the case has been registered in Crime No.187/2019 by the respondent – Police for the offence under Section 354-A of IPC and also under Section 12 of the POCSO Act, 2012.
3. As could be seen from the allegations made in the FIR and also the statement made under Section 164 of Cr.P.C. alleged to have been given by the victim girl, that on 4.5.2019 at about 5.00 p.m., the petitioner being the Economics Tutor called the victim girl and asked her to facilitate him to conduct an experiment based on his Psychological course for which he needed a dark room.
Later for the said experiment, the petitioner asked her to close her eyes and thereafter he touched her hands, wrist and lap and slowly he started touching her neck, face and back. As she felt uncomfortable, she ran away from the place. On the basis of said information by her, her father filed a complaint. The Police have registered a case and are investigating the matter. The offence alleged to have been committed is under Section 12 of the POCSO Act, which is not a serious offence punishable either with death or imprisonment for life, it is only punishable with imprisonment for three years. Section 354A of IPC is also not punishable with serious punishment.
4. Under the above said circumstances, looking to the facts and circumstances of the case and also the accused was already arrested on 06.05.2019 and he is in judicial custody since then, I am of the opinion that petitioner is entitled to be enlarged on bail particularly under Section 439 of Cr.P.C.
5. It is also submitted by the learned Counsel for the petitioner that the Police after completion of the investigation recently have filed charge sheet and petitioner is no more required for any further investigation in this case. Hence, the following:
ORDER The petition is allowed. The petitioner shall be released on bail in connection with Special Case No.267/2019 pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru (arising out of Crime No.187/2019), subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of `1,00,000/-(Rupees One lakh only) with one surety for the likesum to the satisfaction of the jurisdictional court;
ii) The petitioner shall appear before the trial court on all the future hearing dates unless exempted by any genuine reason by the trial court;
iii) The petitioner shall not leave the jurisdiction of Bengaluru Rural District without prior permission till the case registered against him is disposed of.
Sd/- JUDGE KNM/-