IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MAY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9765 OF 2018 BETWEEN:
Sri. T.Joseph Levein, S/o late Thinagaran, Aged about 21 years, R/at No.174, New Model House, Pooswamy Colony, Champion KGF-563122. …Petitioner (By Sri. N.Hariprasad, Advocate for Sri. S.Balakrishnan, Advocate) AND:
State of Karnataka by Champion Reefs Police Station, Kolar, Represented by Special Police Prosecutor, High Court Building, Bengaluru-560001. ..Respondent (By Sri. Divakar Maddur M, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.94/2018 of Champion Reefs Police Station, K.G.F District for the offence P/U/S 306 of IPC and Section 12 of POCSO Act.
This Criminal petition coming on for Orders, this day, the Court made the following:
ORDER Champion Reefs Police Station, K.G.F. has charge- sheeted the petitioner in Crime No.94/2018 of their Police Station for the offences punishable under Section 306 IPC and Section 12 of POCSO Act, 2012.
2. It is alleged that the petitioner was stalking ‘X’ (for the purpose of confidentiality victim is referred as ‘X’) aged 17 years on her way to her college in the guise of loving her. It is further alleged that the petitioner was blackmailing the victim to yield to his demands, otherwise threatening to circulate the intimate photographs of himself and victim on social media. According to the prosecution, being frustrated by the conduct of the petitioner, the victim girl committed suicide on 12.08.2018 at 4.30 pm in her house.
3. Learned counsel for the petitioner submits that the case does not attract Section 306 of IPC and further detention of the petitioner is not required, as the charge sheet is already filed.
4. Learned High Court Government Pleader submits that there is sufficient material to show the overt acts of the petitioner and if bail is granted, he may tamper the other witnesses.
5. As per the charge sheet records, victim girl’s younger sister is the eye witness with regard to harassment by the petitioner to the victim. The mobile phone of the petitioner was seized and the photographs from his sim card showing the petitioner and the victim in an intimate condition were retrieved.
6. The victim was a minor girl and the offence under Section 305 of IPC is punishable with death or imprisonment of life or for a term not less than 10 years. The trial is yet to be conducted. Under such circumstances, it is not a fit case to grant bail.
Hence, petition is dismissed.
Sd/- JUDGE KPS