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2017 DIGILAW 1667 (KAR)

Mujtaba Jalal v. State of Karnataka by K. R. Puram Police Station

2017-12-26

N.K.SUDHINDRARAO

body2017
JUDGMENT : N.K. SUDHINDRARAO, J. 1. This petition is filed by the petitioners/accused under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 376, 506, 511 read with Section 34 of IPC and Section 4, 8, 16, 18 of POCSO Act, registered in respondent police station in Crime No. 552/2016. 2. In order to avoid wastage of judicial time, the facts of the case is culled out from the order of the Trial Court: "The allegation is that, on 07.10.2016 at about 9 pm the senior of complainant by name Kimeriloth came to the house of the complainant and took her to Fusion Lounge on M.G. Road wherein complainant came in acquaintance with accused persons through the said Kimi on the same day at about 10.15 p.m. all of them sat in their car, accused No.1 offered her a drink she refused and they were close to the house of complainant, the said Kimi compelled her to go to their house, to have dinner. Accordingly, complainant joined them in their house since Kimi and her friends i.e., accused persons who are drunk as soon as they entered the house Kimi slept in the hall. Complainant was sitting on the sofa. First accused brought beer and gave her the same to complainant to drink as she was drinking, second accused was trying to touch her chest and also molesting her, so complainant refused and got up from Sofa. At that time, first accused dragged her hand to bed room and locked the door she tried to escape and also begged him not to do anything stating that she is still 15 years old. First accused refused to listen to her, forcibly bite her neck and her hand and raped her near Garden Avenue and also threatened her not to inform police or her parents, otherwise he is going to kill her. Later accused persons dropped them back to her house. Since, complainant's parents were at Iran, she was waiting for them to arrive to inform the incident. After two days first accused messaged the complainant to meet him and she was also replying the message thinking that if she refused to answer first accused, he may ran away to Afghanistan. Later she filed complaint against them. Since, complainant's parents were at Iran, she was waiting for them to arrive to inform the incident. After two days first accused messaged the complainant to meet him and she was also replying the message thinking that if she refused to answer first accused, he may ran away to Afghanistan. Later she filed complaint against them. The accused persons asserted that they are innocent of the alleged offences, according to complaint incident taken place on 17.10.2016, but complaint came to be filed on 19.10.2016 and there is a delay of 12 days. The entire complaint is prepared with the guidance of person who is very much acquainted with the legal percepts. The complainant used to send messages to first accused mobile and there is no whisper about alleged rape. The accused persons are the students of Garden City College and East Point College. First accused is studying in BBM and second accused is studying in B. Pharma, they are from Afghanistan and Iraq respectively. Medical report does not disclose any external injuries anywhere on the body of the victim itself establish that complainant fabricated the alleged story against them." 3. Learned counsel for the petitioners would submit that the accused Nos. 1 and 2 are innocent. However, the complaint came to be lodged after 12 days to the incident to set score against the accused persons. The circumstances as admitted by the prosecution themselves suggest that there are no circumstances to establish or to prima-facie case is forthcoming that the victim was subjected to rape or molestation by Accused Nos. 1 and 2 who are petitioners No. 1 and 2. Hence, prays to allow the petition. 4. Learned High Court Government Pleader opposes the application considering the stage of the case to hear before Charge. 5. Heard the arguments of the learned counsel appearing for the petitioners/accused and also the learned High Court Government Pleader appearing for the respondent-State. 6. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record. 7. The petitioners have contended in the petition that they are innocent and not committed the alleged offence and they have undertaken to abide by any conditions to be imposed by this Court. Thus, the apprehension of the learned Government Pleader could be suitably addressed by imposing proper conditions. 8. 7. The petitioners have contended in the petition that they are innocent and not committed the alleged offence and they have undertaken to abide by any conditions to be imposed by this Court. Thus, the apprehension of the learned Government Pleader could be suitably addressed by imposing proper conditions. 8. Hence, taking into consideration the stage of the case and circumstances of the petitioners, it is just and proper to enlarge the petitioners on bail. 9. Accordingly, petition is allowed. Petitioners/accused Nos. 1 and 2 are ordered to be released on bail for the offence punishable under Sections 376, 506, 511 read with Section 34 of IPC and Section 4, 8, 16, 18 of POCSO Act registered in Crime No. 552/2016 of K.R. Puram Police Station, subject to the following conditions: (i) The petitioners have to execute a personal bond for Rs. 2,00,000/- (Rupees Two lakhs only) and have to furnish two solvent sureties each owning and possessing immovable properties for the likesum to the satisfaction of the concerned Court. (ii) The petitioners-accused shall not come in contact with any of the witnesses and shall not involve in any kind of snubbing or interfering with the privacy of the complainant and shall not entertain any incident reflecting the case in which they are enlarged on bail. (iii) The petitioners-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner. (iv) The petitioners-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial. (v) The petitioners-accused shall mark their attendance before the Investigating Officer of the above case 2nd and 4th Saturday of every month between 9 a.m. and 10 a.m. until further orders by the Trial Court.