IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1141/2017 BETWEEN SRI.MOUNESH @ MOHANA S/O LATE AMBRAPPA GOUDA AGED ABOUT 22 YEARS RESIDING AT SIDDAPUR-B VILLAGE HUNASAGI POST SURPUR TALUK YADAGIRI DISTRICT – 575 101.
(BY SRI.ASHOK PATIL, ADVOCATE) AND STATE BY HIGH GROUND POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR BENGALURU – 560 001.
(BY SRI.CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.157/2016 OF HIGH GROUNDS P.S., BENGALURU FOR THE OFFENCE P/U/S 363 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The respondent Police registered F.I.R. in their Crime No.157/2016 against the petitioner in respect of offence punishable under Section 363 of IPC. On completion of the investigation, the investigating officer has submitted the charge sheet to the Court in respect of the offence punishable under Sections 366A and 376 of IPC and 4 and 6 of POCSO Act, 2012.
3. The allegation is, accused/petitioner under the assurance of marrying the victim Kumari Dharani R. who is 17 years, abducted her to a relative’s house at Kinthini village and committed forcible rape on her.
4. Perused the prosecution papers so also the statement of the victim recorded under Section 164 of Cr.P.C.
5. As on the date of recording the said statement i.e. on 07.11.2016, she is said to be aged 17 years. She has categorically stated that it was her voluntary act in accompanying the accused and indulging in sexual act. Since the investigation is complete, there is no impediment to allow the petition. Petition is allowed.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.157/2016 registered by the respondent-police, subject to the following conditions:-
i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one local surety for the like sum to the satisfaction of the concerned Court.
ii) He shall attend the Court regularly and punctually and shall not prevail upon the prosecution witnesses.
Sd/- JUDGE BS