IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3105/2019 BETWEEN:
Sri Chidananda S/o. Late Shivanna K. Aged about 25 years R/at No. House of Lokesh Rajeshwari temple street Laggere, Bengaluru – 560 058.
And also at Kotti Village Yangalagere Post Hulikunte Hobli Shira Taluk Tumkur District PIN – 572 137. ... Petitioner (By Sri. Leeladhar H.P., Advocate) AND:
State of Karnataka By Rajagopalanagar police station Bengaluru city Rep: SPP High Court Buildings Bengaluru – 560 001. ... Respondent (By Sri S. Rachaiah, HCGP Sri. R.V. Shivanandareddy, Adv. for complainant) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.411/2018 of Rajagopalanagara Police Station, Bengaluru city for the offence punishable under Sections 363, 366, 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 who is the sole accused has filed this petition under Section 439 of Cr.P.C. seeking to enlarge him on bail in connection with his detention in Special C.C.No.703/2018 with respect to the offences punishable under Sections 363, 366 and 376 of IPC read with Section 4 of the POCSO Act, 2012.
2. It is to be noticed that the notice had been ordered to be served to the victim and is represented.
3. The alleged offences that have made out as per the complaint is that the complainant is residing at Lavakushanagar and the accused had developed that the intimacy with the complainant’s family and in the absence of the family members of the complainant, it is stated that the accused used to drop the victim i.e., Kumari Ankitha to the school and bring her back. It is stated that, on 19.07.2018 Kumari Anikatha who had gone to school did not came back till about 9.00 p.m. It is further stated that the accused is said to have gone in a car to bring back Kumari Ankitha and had picked her up.
4. It is stated that it is only on the next day at about 9.00 a.m. in the morning, Kumari Ankitha was found. It is further stated that during such time i.e., till came back to her mother at 9.00 a.m. the following day, the petitioner had committed offences as alleged.
5. It is noted that the investigation is complete and the trial has also reached the advanced stage and the evidence of the victim as well as the mother of the victim (CW-1) has been recorded. The victim has turned hostile. Similarly, the mother of the victim has also turned hostile.
6. Taking note of the said facts, no purpose would be served by continuing with the custody of the petitioner as investigation is complete and the evidences of prime witnesses is also completed, there cannot be any apprehension as regards tampering of witness or evidence. It is a fit case to enlarge the petitioner on bail. It is to be noticed that despite seriousness of the offences, bail proceedings cannot be construed as proceeding for punishment of the petitioner. Accordingly, the petitioner is enlarged on bail, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees one Lakh only) with a surety for the likesum to the satisfaction of the trial Court where the case in Crime No.411/2018 of Rajagopalanagara Police Station is pending.
(ii) The petitioner shall not tamper the prosecution witnesses. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer.
(iii) The petitioner to cooperate with the expeditious conclusion of the trial.
(iv) The petitioner shall not indulge in any criminal activities henceforth.
(v) If the petitioner violates any of the aforementioned conditions, the bail order shall automatically stand ceased/cancelled.
Sd/- JUDGE KA/KLV