IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.6337 OF 2017 Between:
Sri.Krishna @ Kiccha S/o Sri.Kumar, Aged about 25 years, R/a No.21, 6th main road, 4th cross, Shivanagar ‘B’ Block, Kengeri, Bengaluru – 560 060.
... Petitioner (By Sri.N.Gopi, Advocate) And:
State of Karnataka by Kengeri Police Station, Bengaluru – 560 001.
... Respondent (By Sri.Chetan Desai, HCGP) This petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.224/2017 of Kengeri Police Station, Bengaluru for the offences punishable under Sections 366 and 354 of IPC and Sections 7 and 8 of POCSO, Act and etc.
This petition coming on for Orders this day, the court made the following:
ORDER This is a petition filed by the petitioner/accused under Section 439 of Cr.P.C seeking his release on bail for the alleged offences punishable under Sections 366 and 354 of IPC and Sections 7 and 8 of POCSO, Act registered by respondent police in Crime No.224/2017. After investigation the offence under Section 506 of IPC also came to be inserted.
2. Brief facts of the case are that own sister of the complainant is the victim, wherein it is stated that she is the elder of all, second one is Smt.Shanthi who is married and leading her matrimonial life along with her husband at Kottipalya; third sister-Sindu and fourth sister-Nagalakshmi, both are not married.
3. Since her parents health was not good, they passed away three years back. Afterwards her sister Sindu was residing with them. She has studied till 5th standard in a Government School at Gandhinagar and as she was not interested in studies, she left the school and is residing with them. Last sister Nagalakshmi is residing with uncle Narashimaiah’s house. Nearby the house of the complainant, one Krishna @ Kichha often used to take Sindu outside and in this regard they advised several times to the said Krishna. On 03.06.2017 at about 06.00 a.m, as usual complainant went to job and returned at about 2.30 p.m. At that time, Sindu was not in the house. She enquired with the neighbors about the whereabouts of her sister Sindu. When they did not get any information, they started to search at all the places and decided to lodge a complaint and when they were about to go to the police station Krishna brought her sister Sindu in an Auto rickshaw. When they enquired her sister she said that petitioner forcibly took her in an auto rickshaw to a nearby park, Anjanaiah Temple and then to Tavarekere near one temple and he told her that he will marry her. For that she did not agree and made galata, therefore, they returned back in auto rickshaw. While returning in the auto rickshaw, he touched her body and hand and he insulted her. On the basis of the said complaint, case came to be registered for the alleged offences.
4. Heard the arguments of the learned counsel for the petitioner and learned HCGP for the respondent- state.
5. I have perused the grounds urged in the bail petition, FIR, complaint and also the bail order passed by the LIV Additional City Civil and Sessions Judge, Bengaluru City, Bengaluru rejecting the bail application of the petitioner herein.
6. Though allegations are made in the complaint regarding the alleged offences, petitioner denied the allegations in the grounds of the bail petition contending that there is false implication of the petitioner and he is ready to abide by any reasonable conditions that is to be imposed by the Court.
7. Admittedly, the investigation is complete and the charge-sheet is filed. The alleged offences are not punishable with death or imprisonment for life. There is also no allegation regarding sexual assault on her. Hence, it is a fit case to exercise discretion in favour of the petitioner.
8. Accordingly, the Criminal Petition is allowed.
The petitioner is ordered to be released on bail for the alleged offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- Judge dn/-