IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6807 OF 2019 BETWEEN:
Sri. Dinesh Poojary, Aged about 38 years, S/o. Late Vittala Poojary, R/at “Meenakshi Nilaya”, Alumbe, Mudarangadi, Pilar post, Santhur Village Taluk and District-574111.
(By Sri. U.S.Yogesh Kumar, Adv.,) AND:
The State of Karnataka, Rep. by the Padubidri Police Station, Udupi Taluk, Rep. by Special Public Prosecutor High Court Building, Bengaluru-560001.
(By Sri. Honnappa, HCGP) ... Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.71/2019 registered by Padubidri Police Station, Udupi for the offence punishable under Sections 376 and 506 of IPC and Section 4 of POCSO Act.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER Heard the learned counsel for the petitioner the learned HCGP for the respondent-State and perused the records.
2. Charge sheet has been filed against the petitioner on the allegations that he is none other than the uncle of the victim girl. That on 19.06.2019, the victim and the accused both were there in the house of CW-6. During the night hours at about 10.30 p.m., it is alleged that the petitioner has committed rape on her inspite of her resistance and she wiped at that particular point of time and he threatened her not to disclose the same to anybody. The other members of the family were also present in the said house on that particular day. The said incident was not disclosed to anybody till the filing of the compliant i.e., after 1½ months. The medical evidence is also absent. The doctor has stated that there are no symptoms of any sexual activity. There were no wounds, scratches or laceration on any part of the said girl, either fresh or old. Considering the relationship between the parties and also at this stage, the absence of the medical evidence, the delay in lodging the complaint is also to be decided during the trial. In the above said facts and circumstances, as the charge sheet has already been filed, the petitioner is entitled to be enlarged on bail during the pendency of the trial. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 71/2019 of Padubidri Police Station, registered for the offence punishable under Sections 376, 506 of IPC and Section 4 of POCSO Act, 2002, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) 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.
Sd/- JUDGE sd