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2020 DIGILAW 83 (KAR)

Channappa v. State Of Karnataka

2020-01-09

H.B.PRABHAKARA SASTRY

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JUDGMENT 1. The petitioner is accused no.7 in Crime No.125/2019 of respondent police which crime is registered for the offences punishable under sections 143, 354(A), 306, 506 read with section 149 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as IPC) and sections 8 and 12 the of Protection of Children from Sexual Offences, Act, 2012 (hereinafter for brevity referred to as POCSO Act). The petitioner has filed this petition seeking the relief of regular bail under section 439 of Code of Criminal Procedure. 2. The summary of the case of the prosecution is that the deceased Gurubai was the second daughter of the complainant Ninganagouda. She was a school going girl. She was being sexually harassed by accused no.1 while she was going to school regularly. She informed her parents about the same, who summoned accused no.1 and advised him to discontinue the practice of sexually harassing their daughter. However, the said accused no.1 declared that he would not leave that girl and that he would definitely marry her, otherwise he would kill her. The complainant brought the same to the notice of the elders in their community. Thereafter all the accused including the present petitioner went to the complainant and questioned him as to why he is pursuing accused no.1 and cautioned him that in case anything happened to accused no.1, the complainant would not be spared. That being the case, having come to know about this development, the deceased girl, thinking that it is because of her the reputation of her family is ruining, committed suicide in her house by hanging. 3. Learned counsel for the petitioner submits that nowhere there is any whisper of any act of abetment by the present petitioner for the alleged commission of suicide by the deceased. Admittedly, the alleged sexual harassment was only by accused no.1 and the present petitioner has got nothing to do with the same. In the absence of any allegation showing any involvement either directly or indirectly, continuation of the petitioner in judicial custody is not warranted. 4. Per contra, learned High Court Government Pleader while repeating his objection made in the statement of objections, submits that the complaint itself clearly would go to show that due to unbearable sexual harassment by accused no.1, the deceased has committed suicide, that too, after all the accused approached her father and threatened him of dire consequences. 4. Per contra, learned High Court Government Pleader while repeating his objection made in the statement of objections, submits that the complaint itself clearly would go to show that due to unbearable sexual harassment by accused no.1, the deceased has committed suicide, that too, after all the accused approached her father and threatened him of dire consequences. As such, the present petitioner is also guilty of the alleged offences as could be gathered at this stage. 5. A perusal of the material placed before this Court, at this stage, prima facie would go to show that the allegation made in the complaint is mainly against accused no.1 who is said to have sexually harassed the deceased on more than one occasion. The allegation levelled against the present petitioner only appears to be the one that he joined by others, went to the complainant and cautioned him of not to cause any inconvenience to accused no.1 who belongs to Scheduled Caste. Even if it is taken that present petitioner has approached the complainant, the question remains to be answered in a trial would be that whether such an act of the present petitioner would in any way amounts to abetment of committing suicide by the deceased. Since the said question can find an answer only in the trial and nothing is placed before this Court to show that the continuation of the accused in judicial custody is required for further conduction of investigation, I am of the view that, by imposing reasonable conditions, the present petitioner be enlarged on bail. Accordingly, I proceed to pass the following: ORDER The petition is allowed. The petitioner is enlarged on bail in Crime No.125/2019 of Yedrami Police Station, Jewargi Circle, Kalaburagi District registered for the offences punishable under sections 143, 354 (A), 306, 506 read with section 149 of IPC and sections 8 and 12 of POCSO Act. However, subject to the conditions: (i) That accused/petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish two solvent sureties for the like sum to the satisfaction of the enlarging Court. (ii) The accused/petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard. (iii) The accused/petitioner shall appear before the Court on all the dates of hearing. (ii) The accused/petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard. (iii) The accused/petitioner shall appear before the Court on all the dates of hearing. (iv) The accused/petitioner shall not hamper or tamper the prosecution witnesses and documents in any manner.