IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.8097/2017 BETWEEN:
SRI IMTIYAZ AHMED S/O ABDUL SHUKUR, AGED ABOUT 28 YEARS, R/AT NO.738, 3RD MAIN ROAD, VINOBHA NAGAR, BANGALORE-45.
... PETITIONER (BY SRI C.R.RAGHAVENDRA REDDY, ADV.) AND:
STATE BY SHIVAJINAGAR POLICE STATION REP. BY SPP HIGH COURT, BANGALORE-560 001 ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRL.P. FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.53/2017 OF SHIVAJINAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 376, 354, 366(A) AND 307 OF IPC AND SECTIONS 04 AND 08 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 363, 364, 307 R/W 34 of IPC and also under Section 8 of the PCSO Act, registered in respondent – police station in Crime No.53/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.
4. The victim girl is the complainant and in the complaint it is stated that herself and her brother went to one of his friend’s house by name Ayyaan to take notes and after reaching the spot, she asked her brother to go and secure the notes; while she was standing, the accused came in two wheeler and told the victim that her father asked him to buy clothes for her and asked her to accompany him and she went with him in the vehicle and after 15 minutes he stopped the vehicle at a place and asked her to wait, at that time she saw her friend Hemalatha and while she was talking to her, her mother came and took her inside the house. Then, the accused came and took the victim in the vehicle and after 3-4 rounds in the bike, he took her to the 4th floor -terrace. When she enquired as to why he brought her there, he said at home his wife is there and took a small rope, when she asked the purpose of the rope, he threw the same and took a long rope and tried to strangulate the victim, due to which the victim fell unconscious. When she gained consciousness, she found herself locked in a room and when she screamed for help, a person came and opened the door and public gathered.
On the basis of the said complaint, case came to be registered. After recording the statement of the victim girl, case registered under Section 376 of IPC and Section 4 of POCSO Act.
5. Learned counsel for the petitioner-accused No.1 inviting the attention of this Court to the medical records issued by Bowring and Lady Curzon hospital, submitted that there is no evidence of sexual assault or molestation. Hence, police have initially registered case as kidnap against unknown persons. The petitioner is not involved in committing the offence.
6. Perusing the medical records, it is evident from the local general examination certificate issued by the doctor, it is stated that hymen is intact and no symptoms of sexual assault. The material on record also goes to show that when her statement was recorded under Section 164 of Cr.P.C. also, the victim had not made any such allegations against the petitioner regarding sexual assault, it is only after lapse of one month when the police alleged to have recorded her further statement, she made such allegations. Petitioner/accused denied those allegations and contended that he has been falsely implicated in the case. He undertakes to abide by any reasonable conditions to be imposed by this Court.
7. Looking the materials on records and that now investigation is completed and charge sheet is also filed, in my opinion, it is a fit case to exercise discretion in favour of the petitioner/accused.
7. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail in Crime No.53/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE ln.