IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8916/2017 BETWEEN:
Sudheendra N.
S/o. Narasimhamurthy, Aged about 30 years, R/at No. 35, 2nd Block, Pavamanapura, Lungadheeranahalli, Talaghattapura Pose, Bangalore -560 062.
(By Sri. Srinivasa M.G., Advocate) AND:
State by Chandra Layout P.S., Bengaluru -560 040.
...Petitioner …Respondent (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.504/2017 (CIS Crime No.838/2017) of Chandra Layout Police Station Bangalore for the offence P/U/S 354 of IPC and Section 11 and 12 of Protection of Children from Sexual Offences Act.
This Criminal Petition is coming on for order this day, the Court made the following:
ORDER This is the petition filed by the petitioner/accused under section 439 of Cr.P.C. seeking release on bail for the alleged offences punishable under section 354 of IPC and Section 11 and 12 of POCSO Act, registered in crime No. 504/2017 (CIS Crime No.838/2017).
2. Brief facts of the prosecution case as per the complaint averments are the father of the victim girl on 06.10.2017 filed a complaint stating that on the morning of 06.10.2017 they had gone to attend rituals of his friend i.e., 14th day Vaikunta Samaradhane at Moksha Dhama Dharmika Sabha, Jyothi Nagar, Chandra Layout, Bangalore which was completed by 12:30 p.m. and they were engaged in the works in the said building. On the terrace of the second floor of the said building, his daughter and daughter of one Shudheer Seetharaman were playing. One of the priests who had participated in the said rituals i.e., accused was ejecting his genital part and it was seen by the said daughter and informed to the complainant. On the basis of the same the complaint came to be registered for the said offence.
3. Heard the arguments of the learned counsel for the petitioner and also learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials placed on record. No doubt, as per the complaint averments there are allegations about the petitioner showing his private part to the daughter of the complainant and another girl.
5. Petitioner has denied those allegations in the bail petition, contending that there is false implication of the petitioner in the said case, he is innocent and has not committed offence, he also undertakes that he is ready to abide by any condition that may be imposed by this Court.
6. The alleged offences are not exclusively punishable with death or imprisonment for life. Now the chargesheet has been filed. Hence, in view of these materials placed on record I am of the opinion by imposing reasonable condition he can be admitted to bail.
Accordingly, the Criminal Petition is allowed. The petitioner-accused is ordered to be released on bail for the alleged offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE BVK