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2015 DIGILAW 744 (KAR)

MAHESH S/O MALLAIAH v. STATE OF KARNATAKA

2015-07-10

L.NARAYANA SWAMY

body2015
ORDER : Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records. 2. Petitioner is accused in a criminal case registered in Crime No.159/2013, on the file of Kanakapura Police Station, Ramanagara. The petitioner is in Judicial custody for the offences punishable under Sections 366(A), 448, 376 and 506 of IPC and under Section 5(L) and 6 of POCSO Act 2012. It is stated in the charge sheet that the petitioner abducted the victim girl and got married forcibly without her consent and thereafter he has taken the victim girl to a rented house and committed rape on her for nearly 1 ½ years. 3. It is the case of the prosecution that at the time of incident the victim girl was minor, aged about 16 years. I have gone through the complaint made by mother of the victim girl that on 15.05.2013 when she returned from her work, she did not find her daughter in the house and asked about her, her grand son told that she went with one Mahesh at 1.00 p.m. and she searched for the whereabouts of her daughter and could not trace out and hence she lodged a compliant to the respondent police against the petitioner. 4. It is seen from the record that the petitioner also resides in the area where the complainant resides. The victim girl has been released and the petitioner was arrested from the place where the petitioner has taken the victim girl. 5. Taking note of all these facts and circumstances and also that the petitioner is in judicial custody since December 2014, I am of the opinion that petitioner is to be enlarged on bail imposing certain conditions. Hence the following: ORDER The petition under Section 439 of Cr.P.C. is allowed and the petitioner is granted bail in crime No.159/2013 of respondent police subject to the following conditions: (1) He shall execute a personal bond for a sum of Rs.75,000/- with one solvent surety for the like sum to the satisfaction of the jurisdictional court; (2) He shall not hold out threat to prosecution witnesses or tamper with evidence; (3) He shall attend the court on all dates of Hearing, except under unavoidable circumstances. If he violates any of the above conditions, prosecution will be at liberty to seek cancellation of bail.