Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 1509 (KAR)

Vishwanath Chikka Harijana S/o Chikka Harijana v. State by Vidyaranaypura Police Rep. by Public Prosecutor

2017-11-10

BUDIHAL R.B.

body2017
ORDER : 1. This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 363 and 506 of IPC and Section 7 of POCSO Act, registered in respondent-Police Station Crime No. 309/2017. 2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State. 3. After completing investigation, charge sheet came to be filed for the offences under Sections 363, 506, 343, 354 and 366 of IPC and also under Sections 8 and 12 of POCSO Act. 4. I have perused the grounds urged in the bail petition, FIR, complaint and the entire charge sheet material produced in the case. 5. Looking to the statement of the victim girl recorded by the JMFC Court, she has stated that there was acquaintance between herself and the petitioner. Then herself and one of her friend by name Amulya were moving along with the petitioner and Veeresh. She has further stated that she went along with the petitioner herein. The petitioner took her to one house and they stayed there for 3 to 4 days. At that time, the petitioner wanted to touch her body. She has not allowed for the same. He confined her for 5 days and there afterwards, the brother-in-law of the victim girl came along with the police and took her and the petitioner to the police station. 6. Even perusing the statement of the victim girl given before the JMFC Court, she has not stated anything about the alleged kidnap and also other acts said to have been done by the present petitioner. The petitioner denied all those things. She was aged 18 years. Now the investigation of the case is completed and charge sheet is also filed. The petitioner has undertaken to abide by any reasonable condition that may be imposed by this Court. The alleged offences are not exclusively punishable with death or imprisonment for life. Hence, it is a fit case to exercise jurisdiction in favour of the petitioner. 7. Accordingly, petition is allowed. Petitioner/accused is ordered to be enlarged on bail for the offences punishable under Sections 363 and 506 of IPC and Section 7 of the POCSO Act, registered in Crime No. 309/2017, subject to following conditions: (i) Petitioner to execute a personal bond for Rs. 7. Accordingly, petition is allowed. Petitioner/accused is ordered to be enlarged on bail for the offences punishable under Sections 363 and 506 of IPC and Section 7 of the POCSO Act, registered in Crime No. 309/2017, subject to following conditions: (i) Petitioner to execute a personal bond for Rs. 50,000/- with one surety for the like-sum to the satisfaction of the concerned Court. (ii) Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly. (iii) Petitioner to appear before the concerned Court regularly.