IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7569/2018 BETWEEN SRI M PRASHANTH AGE: 21 YEARS S/O MUNIKRISHNAPPA, CHEEMALAANDA HALLI, BETHAMANGALA HOBLI, KGF TALUK, KOLAR DISTRICT.
PIN CODE – 563121. ... PETITIONER (BY SRI N M HANDRAL, ADV.) AND THE STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU.
BETHAMANGALA POLICE STATION, PIN CODE – 560001. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.218/2018 OF BETHAMANGALA P.S., K.G.F. DISTRICT FOR THE OFFENCE P/U/S 305,354(A)(D) OF IPC AND SEC.12 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.218/2018 of Bethamangala Police Station for the offences punishable under Sections 305, 354(A) and (D) of Indian Penal Code (for short ‘IPC’) and also under Section 12 of POCSO Act.
2. I have heard the learned counsel for petitioner/accused and the learned High Court Government Pleader for respondent-State. Notice is also served on the complainant but he has remained absent.
3. Gist of the complaint is that the daughter of complainant was studying in II PUC at Sundarapalya Government Pre-University College. On 12.06.2018 when she took food she felt tired and at about 3:30 a.m. she got vomited, thereafter she was taken to KGF hospital. From there, she was shifted to Jalappa hospital, Kolar and on 22.06.2018 she died in the hospital. It is alleged in the complaint that the petitioner/accused was a Trainee in Bethamangala ITI college. He used to contact his daughter deceased Pallavi over the phone and also used to filthy language and was posing threats by stating that if she refused to talk and love him, her photos will be web hosted in a face book and what’s up and because of the ill treatment and harassment, out of fear she consumed the poison on the intervening night of 12.06.2018 and 13.06.2018 and because of the said, she died in the hospital. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner/accused that earlier only Section 355 and 306 of IPC was registered and the petitioner/accused was released on anticipatory bail and now that the provisions of the POCSO Act has been incorporated by an application, now the petitioner/accused apprehends his arrest.
5. He further submitted that deceased got admitted in the hospital on 13.06.2018 and she subsequently died on 22.06.2018. When her statement was recorded, she has stated that she has consumed some tonic and because of that in the early morning of 13.06.2018 at about 3.30 a.m., she started vomiting and immediately, she was taken to KGF hospital and thereafter, shifted to R.L. Jalappa hospital. She was in ICU and recovering and she has not having any suspicion against anybody. The said statement itself clearly goes to show that petitioner/accused is no where concerned to the death of the deceased. He further submitted that the alleged incident has taken place on 13.06.2018 and complaint was filed on 23.06.2018. If really the alleged incident was noticed by the mother and the parents of the deceased, immediately after she admitted in the hospital they ought to have filed the complaint. He further submitted that only with an intention to harass the petitioner/accused, now the said application has been filed. There are no good grounds in this behalf. Further submitted that charge sheet has also been filed, accused is ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that because of the harassment caused by the petitioner/accused by stating that he is going to web host the photographs in the face book and what’s up, because of the said fear she consumed the poison and she died in the hospital. The call details clearly indicates that there was some conversation between the accused and the deceased and even the mother of the deceased has also over heard the threat given by the petitioner/accused to her daughter. Under the said facts and circumstances, the petition needs to be dismissed. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf and also the submission of the learned counsel appearing for the petitioner/accused and perused the records.
8. On close reading of the records the alleged incident has taken place on 13.06.2018 and the deceased died in the hospital on 22.06.2018 and the complaint came to be filed on 23.06.2018. If really the parents were knowing that the petitioner/accused was threatening their daughter, then under the said circumstances nothing was prevented them from filing a complaint with the said reference, but they have kept quiet. Even it is submitted by the learned High Court Govt. Pleader that the mother of the victim also over heard the threat given by the accused, but she has not informed the same when she consumed the poison on 13.06.2018. The alleged offences are not punishable with death or imprisonment for life. Even earlier, already the petitioner/accused was released on bail, only because of insertion of provisions of Section 12 of POCSO Act it is necessary to consider as to whether the said contents of the mobile photographs are attracting the provisions of POCSO Act is a matter which has to be ascertained only at the time of trial and not at this stage.
9. Under the said facts and circumstances, I feel that by imposing some stringent condition the petitioner/accused may be ordered to be released on bail, to meet the ends of justice. In that light, the petition is allowed and petitioner/accused is ordered to be released on bail in Crime No.218/2018 of Bethamangala Police Station for the offences punishable under Sections 305, 354(A) and (D) of IPC and also under Section 12 of POCSO Act subject to the following condition.
1. In the event of his arrest, the Investigating Officer is directed to enlarge him on bail on being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the trial court within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission.
Chs* CT-HR Sd/- JUDGE