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2017 DIGILAW 500 (KAR)

ABHILASH @ PRUTHVI, S/O. MANJAIAH v. STATE OF KARNATAKA, REP. BY CHANNARAYAPATTANA TOWN POLICE STATION

2017-02-20

JOHN MICHAEL CUNHA

body2017
ORDER This petition is filed under Section 439 of Cr.P.C. seeking regular bail in Cr.No.371/2015 registered by the respondent police for the offences punishable under Section 366 (A) and 376 of IPC and Section 4, 6, 8, 10 of POCSO Act, 2012. 2. The charge-sheet is already laid against the petitioner for the above offences. The earlier application filed by the petitioner before the trial court has been rejected as the offences alleged against the petitioner are serious and perverse in nature. The chargesheet reveals that on 09.12.2015 the accused abducted the victim who was aged below 16 years and took her to Mysore and from there to Dharmastala and committed forcible rape on her. Though the materials collected by the investigating agency prima facie makes out the offences and the accusation alleged against the petitioner is serious in nature, yet having regard to the fact that the investigation is already completed, the custody of the petitioner need not be extended by way of punishment. At this stage the only aspect that is required to be taken into consideration is the likelihood of the offence being repeated and the apprehension of the witnesses being influenced and also to ensure that the petitioner returns for trial. The said apprehensions could be allayed by imposing necessary conditions. Hence the following: ORDER The Petition is allowed. 2. The petitioner/accused is ordered to be enlarged on bail on executing a bond of Rs.1,00,000/(Rupees One Lakh only) with two local sureties for the like sum to the satisfaction of the trial Court and subject to the further condition that the petitioner/accused shall not threaten or allure the victim or the prosecution witnesses in whatsoever manner. 3. The petitioner shall regularly appear before the Court on every date of hearing. 4. In the event the petitioner is found to violate any of the above conditions, the bail granted to the petitioner shall stand cancelled.