IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8002/2018 BETWEEN:
Sri Srinivas @ Seena Aged about 22 years S/o Sri Vishwanath R/at No.23, 13th Main J.C.Nagar, Jurabharahalli Bengaluru-560 086.
(By Smt. Saritha A.L., Advocate for Sri S.Shankarachar, Advocate) AND:
State by Vidyaranyapura Police Station Represented by State Public Prosecutor High Court of Karnataka Building Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.22/2017 (Spl.C.C.No.697/2018) of Vidyaranyapura Police Station, Bengaluru, for the offences punishable under Sections 343, 366, 506 and 376 of IPC and Sections 4 and 6 of POCSO Act.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused under Section 439 of Cr.P.C. to release him on bail in Special Case No.697/2018 (Crime No.22/2017) of Vidyaranyapura Police Station for the offences punishable under Sections 343, 366, 506, 376 of Indian Penal Code and under Sections 4 and 6 of POCSO Act.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. It is the submission of the learned counsel for the petitioner that the victim in the alleged case was aged about 17 years and she has been examined before the Court below as PW2. She has not supported the case of the prosecution and in her deposition she has deposed that she has not given any statement and she has given the statement as per the say of the police and accused has not done anything to her. Even during the course of cross examination nothing has been elicited to substantiate the case of the prosecution, so also the complainant came to be examined as PW1. He has also not supported the case of the prosecution and he has also been treated as hostile. It is further submitted that the petitioner/accused is languishing in jail since 8.8.2018 and now there is no incriminating material as against the petitioner/accused for having involved in the said crime. He is ready to face the trial and ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
4. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is ample material to connect the accused to the alleged crime. He further submitted that there is presumption under Section 29 of the POCSO Act. On these grounds he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
6. No doubt the statement of the victim was recorded under Section 164 of Cr.P.C. and therein she has stated about the alleged act committed by the petitioner/accused. Even the medical record also clearly goes to show that hymen is ruptured and the opinion of the doctor also says that she is used to act like that of sexual intercourse. But as could be seen from the deposition of the victim she has not supported in any manner to corroborate the said evidence though other witnesses have to be examined and the trial has to be concluded in accordance with law. But when the victim and the complainant have not supported the case of the prosecution, I feel that the custodial detention of the petitioner/accused is not necessary.
7. Under the said facts and circumstances, the petition is allowed. The petitioner/accused is ordered to be released on bail in Special Case No.697/2018 pending on the file of 54th Additional City Civil and Sessions Judge, sitting in Child Friendly Court, Bengaluru, for the offences punishable under Sections 343, 366, 506, 376 of Indian Penal Code and under Sections 4 and 6 of POCSO Act, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall mark his attendance in the jurisdictional police on 1st of every month between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) He shall be regular in attending the trial.
v) He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE *AP/-