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2022 DIGILAW 1087 (KAR)

Shivaraju v. State of Karnataka

2022-08-18

K.NATARAJAN

body2022
JUDGMENT K. Natarajan, J. - This petition is filed by the petitioner-accused No. 1 under Section 439 of Cr.P.C., seeking for grant of regular bail in Crime No. 15/2022 in Spl.C. No. 71/2022 pending on the file of the Principal District and Sessions Judge, Chamarajanagar for the offences punishable under Sections 143, 341, 342, 354(B), 354(D), 509, 384, 506 and 149 of IPC and under Sections 8, 12, 14, 15, 17 and 18 of Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as 'POCSO Act' for short) and under Sections 66(E), 67, 67(A) and 67(B) of Information Technology Act, 2000. 2. Heard the arguments of learned counsel for petitioner and learned High Court Government Pleader for respondent No. 1-State. 3. The case of the prosecution is that on the complaint made by the victim girl aged about 16 years, complaint came to be filed on 24.03.2022 alleging that she has came in contact with one Madhu during the month of November, 2021. He took her contact number forcibly and further forced her to love him. One and a half month back when the victim girl was returning to her home after her school hours, the said Madhu along with his friends stopped the victim girl near the temple of Chamarajeshwar and threatened her to accompany them by showing the knife and chain. They forcibly took the victim girl to a room and forcibly made her to drink juice and later, the said Madhu forcibly hugged and kissed the victim girl and attempted to rape her and took photo with the victim girl and threatened her not to inform anyone and if so informed, the said photo will be forwarded in Facebook and Whatsapp. Further, the victim girl has alleged that after two days of the said incident, when she was returning from the College at about 12.30 noon, the said Madhu and his friends were forcing the victim girl to love Madhu, at that time, the petitioner herein came on motor cycle and took her to a lonely place, wherein the petitioner and Madhu together were forcing the victim girl to love them. Further, forcibly removed the clothes of the victim and they hugged the victim and took a photo of the same. Later, the petitioner threatened the victim that if she fails to love him, he will finish her and so saying he attempted to rape her. Further, forcibly removed the clothes of the victim and they hugged the victim and took a photo of the same. Later, the petitioner threatened the victim that if she fails to love him, he will finish her and so saying he attempted to rape her. On 23.03.2022, both the accused forwarded the photos of the victim girl through whatsapp to the father of the victim girl and some other persons of the village. Therefore, she came to the police station and filed complaint. After registering the case, the police have arrested the petitioner along with accused No. 2 and after investigation, charge sheet has been filed. The accused No. 2 has been released on bail as he was a juvenile offender. The bail petition of this petitioner came to be rejected by the Principal District and Sessions Judge, Chamarajanagar. Hence, he is before this Court. 4. Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offences. He has been falsely implicated in the case. There is no evidence against the petitioner. He is ready to abide by any conditions imposed by this Court. The co-accused was already granted bail, on the ground of juvenile offender. Therefore, the petitioner is also entitled for bail. Hence, prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader has seriously objected the bail petition and contended that the petitioner has involved in committing the said offences. Hence, prayed for dismissal of the bail petition. 6. Upon hearing the arguments and perused the records, the victim girl has given her statement under Section 164 of Cr.P.C. wherein, she has categorically stated that petitioner was forcing the victim girl to love him and he forcibly took the victim girl near the Dam on his motorcycle and tried to molest her. He took the photographs of the same and threatened her not to tell anyone about the incident. Accused Nos. 1 and 2 forced the victim girl to love them. Later, the petitioner has forwarded the naked photos of the victim girl to some of the villagers through Whatsapp. The police have seized the mobile phone from the petitioner and the same has been sent to FSL report. Investigation is completed and charge sheet has been filed. The petitioner is in custody for five months. Later, the petitioner has forwarded the naked photos of the victim girl to some of the villagers through Whatsapp. The police have seized the mobile phone from the petitioner and the same has been sent to FSL report. Investigation is completed and charge sheet has been filed. The petitioner is in custody for five months. The alleged offences are though non-bailable, the offences under Section 376 of IPC and Sections 4 or 6 of POCSO Act have not been invoked by the police and there are no allegations regarding the petitioner has committed rape or has attempted to commit rape. He is ready to abide by any conditions imposed. Therefore, without expressing any opinion regarding the merits of the case, by imposing certain conditions, if bail is granted, no prejudice would cause to the prosecution case. Hence, the following order: ORDER 1. The petition is hereby allowed. The petitioner is ordered to be released on bail, in Crime No. 15/2022 registered by Chamrajanagar Women Police Station, Chamarajanagara District for the offences punishable under Sections 143, 341, 342, 354(B), 354(D), 509, 384, 506 and 149 of IPC and under Sections 8, 12, 14, 15, 17 and 18 of POCSO Act, 2012 and under Sections 66(E), 67, 67(A) and 67(B) of Information Technology Act, 2000, subject to the following conditions:- (i) Petitioner-accused No. 1 shall execute a personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioner shall not enter Kellamballi Village until completion of the trial before the Sessions Court; (v) Petitioner shall not leave the jurisdiction without prior permission of the trial Court; 2. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.