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Karnataka High Court · body

2020 DIGILAW 82 (KAR)

Basavaraj v. State

2020-01-09

H.B.PRABHAKARA SASTRY

body2020
JUDGMENT 1. The present petitioners who are accused Nos.2 to 4 in Crime No.164/2019 of respondent/complainant police station which complaint is registered for the offences punishable under sections 354, 504, 506, 509 read with section 34 of Indian Penal Code (hereinafter for brevity referred to as IPC) and sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as POCSO Act) have filed this petition seeking the relief of anticipatory bail under section 438 of Code of Criminal Procedure. 2. The complainant claiming herself to be a girl student of aged 15 years has alleged in her complaint that while she travelling from house to school, accused No.1 follows her regularly, teases her by using filthy language and also causes harassment to her. She further alleges despite advising him through her parents, he has not mend his behavior. The complainant has further stated that on 18.10.2019, accused No.1 under the influence of liquor approached her and put threat to her, stating so she has requested to take action against accused No.1 Pramod @ Pamya S/o Bhimaraya Naikodi and the present petitioners. 3. The learned counsel for the petitioners submits that the entire complaint is totally silent about any allegation against the present petitioners. Merely because the petitioners are the brother and parents of accused No.1, their names have been reflected in the complaint. Thus, they deserve to be enlarged on anticipatory bail. 4. The learned High Court Government Pleader who has filed his statement of objection submits that a serious allegation has been made against accused No.1 of causing harassment to a minor girl while she was travelling to her school in a village area. Further, the petitioners names have been shown in the complaint, as such, they do not deserve the relief of anticipatory bail during the pendency of investigation in the matter. 5. A reading of the complaint at this stage and prima facie would go to show that even though the complainant makes certain allegations as against accused No.1, however, the complainant does not appears to have been made any allegations as against the present petitioners who are the brother and parents of accused No.1. 5. A reading of the complaint at this stage and prima facie would go to show that even though the complainant makes certain allegations as against accused No.1, however, the complainant does not appears to have been made any allegations as against the present petitioners who are the brother and parents of accused No.1. Thus, when the alleged act of sexual harassment is said to have been committed by accused No.1, the complaint is silent as to how the names of the petitioners, who are the parents and brother of accused No.1 are connected to the said act of accused No.1. Further, even according to the submission made by the learned High Court Government Pleader, the apprehension of the present petitioners in the matter is not warranted. Under these circumstances, by imposing reasonable conditions, the petitioners can be granted the relief of anticipatory bail. Accordingly, I proceed to pass the following: ORDER The petition is allowed. In the event the petitioners are arrested by University Police Station, in Crime No.164/2019, for the offences punishable under Sections 354, 504, 506, 509 read with Section 34 of IPC and under Sections 8 and 12 of POCSO Act, they shall be enlarged on the relief of anticipatory bail, subject to the conditions: i) That they shall execute a personal bond for a sum of Rs.30,000/- each with two sureties for the likesum to the satisfaction of the enlarging Court. ii) They shall appear before the Investigating Officer on every Thursday of the month between 9.00 a.m. and 2.00 p.m., and mark their attendance till the investigation is completed and final report is filed. iii) They shall not hamper and tamper the prosecution witnesses in any manner. iv) They shall voluntarily appear before the jurisdictional Magistrate before whom the case is pending, within ten days from today.