IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6592/2017 Between:
1. Varun Prasad @ Varun Gowda S/o Late Rajashekar Aged about 20 years, R/at C/o Jakkamma, Maranna Layout, ChikkabidaraKallu, Bengaluru.
2. Ashwak Pasha @ Babu S/o Eliyash Pasha Aged about 22 years, R/at No.750, 34th Main, Jai Maruthi Nagar, Nandini Layout, Bengaluru-560 096.
3. Suresh S @ Appu S/o Late Shivakumar Aged about 19 years, R/at No.22, 5th Cross, 17th Main, F.F.Colony, Laggere, Bengaluru. …Petitioners (By Sri.V.Lakshmikanth Rao, Advocate) And:
State by Nandini layout police station, Represented by State Public Prosecutor, High Court of Karnataka Bengaluru-560 001 …Respondent (By Sri. S.Vishwa Murthy, HCGP) This criminal petition is filed under Section 439 of Cr.P.C Praying to enlarge the petitioner on bail in Cr.No.272/2017 of Nandini Layout Police Station, Bengaluru for the offence punishable under Section 354(D) of IPC and Section 12 of POCSO Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners are in judicial custody in Crime No.272/2017 registered by the respondent-police in respect of the offences punishable under sections 354(D) and 509 of IPC and Section 12 of POCSO Act. During the pendency of the petition, chargesheet is submitted to the Court.
3. The case of the prosecution is, the accused persons used to follow the victim girl – who is a minor aged 16 years, nagged her and made sexual advances. On the evening of 12.07.2017, they followed her in an Auto Rickshaw, sexually harassed by teasing her in the public.
4. Sri. V. Lakshmikanth Rao, learned counsel for the petitioners submit that the petitioners are in judicial custody for last 90 days. Since, the investigation is complete, they may be enlarged on bail. All the three accused persons are sole bread earners for their respective family and they are having single parents i.e. mother. Mothers are before this Court and they will undertake and vouch for their proper behavior of their respective sons.
5. The major offence alleged under Section 12 of the POCSO Act is punishable with imprisonment of three years and fine. There is no allegation of physical overt act against accused persons. The special Court is required to record the evidence of the victim within one month of taking cognizance of the offence. It appears that the chargesheet is submitted to the Court during August-2017.
6. Having noticed that these petitioners are young persons of age 19, 20 and 22 years and having a holistic view of the matter, it is required that these petitioners shall be enlarged on bail. Petition is allowed.
Petitioners are enlarged on bail in connection with Crime No.272/2017 registered by the respondent Police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety for the likesum;
(ii) They shall not approach or prevail upon the prosecution witnesses;
(iii) In the event of the violation of the above condition, the Investigating Officer is at liberty to seek for cancellation of the bail.
The Special Court is directed to pre-pone the case, frame the charge, procure the witnesses and record their evidence within 30 days of communication of this order. This exercise shall be done without heeding to any request from the defense side for adjournment.
VBS Sd/- JUDGE