IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1459/2019 BETWEEN:
Shreeja, D/o Mahabala Pojari, Aged about 18 years, R/at Siddhakatte, Mavinakatte Post, Bantwal Taluk – 574 324. ... Petitioner (By Smt. Rashmi Jadhav, Advocate) AND:
State of Karnataka, By Mangalore Women Police Station, Represented by Public Prosecutor, High Court Building, Bangalore – 560 001. ... Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.2/2019 of Mangalore Women Police Station, Bangalore for the offences p/u/s 376, 506 r/w 34 of IPC and Section 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.2/2019 with respect to offences punishable under Sections 376, 506 r/w 34 of IPC and Section 6 of the POCSO Act, 2012. -
2. The case of the prosecution is that the petitioner knew the victim and he had called the victim to come near Red Rock Hotel at Suratkal. Since the victim has turned down his request, again on 29.12.2018, the petitioner had asked the complainant to come to Udupi. It is alleged that the petitioner took the complainant to a car driven by the accused no.1 and introduced the accused no.1 to the complainant. It is stated that subsequently, they had gone to a restort at Kundapura and then to Manipal and stayed at a Hotel.
It is alleged that accused had given her a tablet that had caused sensation of intoxication and subsequently had forcible sexual intercourse. It is stated that after having committed such an offence, accused no.1 had threatened the complainant not to disclose the incident to anybody. Subsequently, the complaint was lodged, FIR registered and charge sheet has been filed. The version in the charge sheet makes out a case against accused no.1 of having forcible sexual intercourse and the act of the petitioner as made out in the charge sheet is of having facilitated the commission of offence.
3. Looking into the nature of imputation made against the petitioner in the charge sheet, the proof of involvement in the offence as regards the petitioner is a matter for trial. The allegations as regards the offence under Section 376 of IPC is directed against accused no.1.
4. Taking note of the fact that investigation is complete, charge sheet has been filed and also taking note of all the imputations in the charge sheet, the petitioner is entitled to be enlarged on bail subject to conditions.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in No.2/2019 with respect to offences punishable under Sections 376, 506 r/w 34 of IPC and Section 6 of the POCSO Act, 2012 subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-