IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1208/2019 BETWEEN:
SRI RAGHAVENDRA V @ RAGHU, S/O VIJAYAKUMAR, AGED ABOUT 21 YEARS, R/O BEHIND MOUNESHWARA BADAVANE, NEAR SAI GARMENTS, DAVANAGERE – 577 001.
…PETITIONER (BY SRI V.B. SIDDARAMAIAH, ADVOCATE) AND:
THE STATE OF KARNATAKA WOMEN POLICE STATION, DAVANAGERE – 577 001.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BANGALORE – 560 001.
(BY SRI HONNAPPA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.140/2018 REGISTERED BY WOMEN POLICE STATION, DAVANAGERE FOR THE OFFENCES P/U/S 342, 354(A), 376, 511 AND 354 OF IPC.
THIS CRIMINAL 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. Perused the records.
2. The factual matrix of this case as per the charge sheet are that on 03.09.2018 at about 5.45 p.m., when the victim – C.W.1 was in her house situated at 5th Cross, 10th Main, MCC ‘B’ Block, Davanagere, some unknown person came to her house and he started masturbating in front of her. When she questioned him, immediately he pushed her and squeezed her chest. When she screamed for help, at that time he pushed her and ran away from the spot. On the basis of the above said allegations, after thorough investigation, the police have laid charge sheet against the accused for the offences under Sections 342, 354(A), 376, 511 and 354 of IPC.
3. None of the offences are punishable either with death or imprisonment for life. The above said allegations have to be established during the course of full-fledged trial. The victim has identified the accused during the course of investigation. The medical evidence also does not show any injury either to the accused or to the victim.
4. Under the above said facts and circumstances, as the accused has already been in jail for more than ten months, in my opinion, he is entitled to be enlarged on bail.
5. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in Crime No.140/2018 of Women Police Station, Davanagere, registered against him for the offences punishable under Sections 342, 354(A), 376, 511 and 354 of IPC, subject to the following conditions:
(i) The petitioner shall execute a 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 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.
Sd/- JUDGE VP