IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4059/2019 BETWEEN SRI. RAMANJINI S/O BUND PELLAPPA, AGED 22 YEARS, R/AT CHIKKANALLALA VILLAGE, JADIGENHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT. ... PETITIONER (BY SRI. R.A. DEVANAND, ADVOCATE) AND THE STATION HOUSE OFFICER, HOSKOTE POLICE STATION, HOSKOTE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.275/2018 (SPL.C.C.NO.53/2019) OF HOSAKOTE P.S., BENGALURU FOR THE OFFENCE P/U/S 363, 354B OF IPC AND SECTION 12 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned Counsel for the petitioner, learned HCGP for the respondent State and perused the records.
2. Petitioner is charge sheeted for the offences punishable under Sections 363 and 354(b) of IPC and Section 12 of the Protection of Children from Sexual Offences Act, 2012 in Special C.C. No.53/2019 on the file of the II Additional District and Sessions Judge, Bengaluru Rural District.
3. Brief facts of the case are that the petitioner and C.W.2-victim girl were fell in love with each other. The victim girl was aged about 16 years. They were meeting together and wandering around together. In this context, they had come in close relationship with each other. There is no allegation that they had any sexual activity with each other at any point of time. In this context, the sole allegation is that, on 25.5.2018, C.W.2 was washing the utensils in front of her house. The accused came there on a motor cycle, took C.W.2 along with him. When he came to know that C.W.1 was proceeding to the police station to lodge a complaint, he left C.W.2 at Hosakote town and went away. On the above said allegations, the police have registered the case and investigated the matter and filed charge sheet. The petitioner approached the Sessions Court for bail, but the same was rejected.
4. Looking to the above said facts and circumstances of the case, the petitioner and the victim joined together, but there is no allegation of sexual activity. Section 363 of IPC and Section 12 of Protection of Children from Sexual Offences Act, 2012, are not punishable either with death or imprisonment for life and they are punishable with the maximum imprisonment for three years. Therefore, in my opinion, the petitioner has made out a case for grant of bail. Hence, the following order:
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.275/2018 of Hosakote Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the case is disposed of.
As the petition itself is disposed of on merits, I.A. No.1/2019 does not survive for consideration. It is accordingly dismissed.
Cs Ct-bmc Sd/-
JUDGE