IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION NO.1163 OF 2019 BETWEEN:
SRI M. RAVI KUMAR S/O. G. MAHESH, AGED ABOUT 42 YEARS, RESIDENT OF NO.153/6, 6TH MAIN, TYAGARAJ NAGAR, BENGALURU CITY.
(BY SRI VEERANNA G. TIGADI, ADV.) AND:
... PETITIONER STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR OF POLICE, AUDUGODI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU.
... RESPONDENT (BY SRI K.P. YOGANNA, H.C.G.P.) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.286 OF 2018 (SPL.C.C. NO.41 OF 2019) OF ADUGODI POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376-A AND B OF THE I.P.C. AND SECTIONS 5(m), 6 AND 8 OF THE POCSO ACT.
THIS CRIMINAL PETITION IS 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 the Code of Criminal Procedure.
2. The petitioner is the sole accused in Crime No.286 of 2018 having charge-sheeted for the offences punishable under Sections 376-A and B of the Indian Penal Code and Sections 5(m), 6 and 8 of the Protection of Children from Sexual Offences Act, 2012. It is alleged that the daughter of the complainant is said to have been molested by the petitioner while picking and dropping the child in his auto-rickshaw. The victim girl told to her mother that she is feeling pain in her private part. On enquiry, the victim girl told to her mother that the petitioner had inserted his finger in her private part.
3. Learned counsel for the petitioner contended that there was enmity between the complainant and the petitioner. Therefore, he has been falsely implicated in the case. He further submits that petitioner is having a daughter, aged ten years and he is ready to abide by any conditions to be imposed by the Court. Hence, he prays for grant of bail.
4. Per contra, the learned High Court Government Pleader objected for grant of bail on the ground that the petitioner has molested the young girl, who is just six years old and the offences are serious in nature.
5. Upon hearing the arguments of the learned counsel on both side and looking to the allegations made that the petitioner has molested the young girl, studying in L.K.G., while picking and dropping her to the School in his auto-rickshaw. Investigation has been completed and charge-sheet is filed. There is ample material placed on record to show the involvement of the petitioner. It is not a fit case to grant bail as the above said offences are serious in nature. Hence, the petition is rejected.
SD/- JUDGE kvk