IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5521 OF 2019 BETWEEN :
SRI. MOHAMMED NAYEEM TAJ, S/O. LATE MOHAMMED ANSAR, AGED ABOUT 53 YEARS, RESIDING AT NO.23/2, 1ST MAIN, 1ST CROSS, CHUCHAPPA BLOCK, RAHMATH NAGAR, BANGALORE-560 032.
(BY SRI: IRSHAD AHMED K., ADV.,) AND :
STATE BY R.T. NAGAR P.S., BANAGLORE.
REPRESENTED BY HIGH COURT PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01 ... PETITIONER ... RESPONDENT (BY SRI: HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.45/2019 REGISTERED BY R.T. NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 376 AND 506 OF IPC AND SECTION 3,4,11 AND 12 OF POCSO ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent State. Perused the records.
In this case, the complainant by name Salma Abbasiya and the victim girl both are present before the Court. The mother of the petitioner by name Rasheeda Begum (Accused No.3) is also present before the Court.
2. It is submitted that the petitioner and the victim girl were fell in love with each other and because of that reason, they would like to marry each other. Even before the Court, it is submitted that the mother of the victim girl and the mother of the petitioner are ready and willing to perform the marriage of the petitioner and the victim girl within one month from today. As could be seen from the records, the victim girl has already crossed the age of 17 years 9 months as on the date of alleged offence that took place on 07.03.2019. It is the allegation that the accused-petitioner took the victim girl along with him to his house and have had sexual intercourse with her. Therefore, the police have investigated the matter on the complaint alleged by the mother of the victim girl and filed charge sheet in Spl.
CC. No.531/2019.
3. Considering the above said factual aspects as well as the statements made before the Court and in order to facilitate the parties and taking into consideration that the victim as on today has attained the age of majority, I feel it just and necessary to release the petitioner on bail without going into the merits or demerits of the case so as to enable the parties to perform the marriage of the petitioner and the victim girl. Hence, I pass the following :
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.45/2019 of R.T. Nagar Police Station for the offence punishable under Sections 376, 506 of IPC and Sections 3, 4, 11 and 12 of POCSO Act, 2012, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety 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.
(v) If any of the above conditions are violated, the respondent-State is at liberty to move the Court for cancellation of bail.
Sd/- JUDGE snc