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2022 DIGILAW 287 (KAR)

Darshan @ Darpan S v. State of Karnataka

2022-03-03

V.SRISHANANDA

body2022
ORDER 1. Heard Sri A.N. Radhakrishna, learned counsel for the petitioner and learned High Court Government Pleader, for the first respondent-State. 2. The petitioner, who is before this court has filed an application seeking grant of bail in respect of Crime No.8/2022 registered by the Channammana Achukattu Police Station for the offence punishable under Sections 376(2)(n), 376(3) of IPC and Sections 4,5(J)(11)(L), and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 [hereinafter referred to as 'POCSO Act' for short]. The matter is now pending before the Special Court. 3. The police during investigation, apprehended the petitioner and he has sent to judicial custody on and from 20.01.2022. 4. The complaint averments reveal that a minor girl has been seduced by the petitioner. 5. Learned counsel for the petitioner submits that it is a case of love affair. Be it what it may, the matter is under investigation. In the mean while, learned counsel for the petitioner submits that the petitioner is having annual examination from 15.03.2022 to 31.03.2022 as under: BCOM2-Bachelor of Commerce Date Time Sem Q.P.Code Subject Name 15.03.2022 09.30A.M to 12.30 PM Third 10306 Telugu 09.30A.M to 12.30 PM Third 10309 French 09.30A.M to 12.30 PM Third 10311 Bengali 09.30A.M to 12.30 PM Third 10312 Arabic 09.30A.M to 12.30 PM Third 10313 Persion 09.30A.M to 12.30 PM Third 13302 Kannada 09.30A.M to 12.30 PM Third 13304 Urdu 09.30A.M to 12.30 PM Third 32307 Tamil 09.30A.M to 12.30 PM Third 32308 Malayalam 09.30A.M to 12.30 PM Third 32310 Additional English 09.30A.M to 12.30 PM Third 32316 French 09.30A.M to 12.30 PM Third 34303 Hindi 09.30A.M to 12.30 PM Third 34305 Sanskrit 09.30A.M to 12.30 PM Third 34315 Kannada 09.30A.M to 12.30 PM Third 34317 Urdu (20 Barch Onwards) 17.03.2022 09.30A.M to 12.30 PM Third 34301 English 19.03.2022 09.30A.M to 12.30 PM Third 34321 Corporate Accounting 22.03.2022 09.30A.M to 12.30 PM Third 34322 Financial Management 24.03.2022 09.30A.M to 12.30 PM Third 34323 Business Regulations 26.03.2022 09.30A.M to 12.30 PM Third 90021 Science and Society 29.03.2022 09.30A.M to 12.30 PM Third 34324 Business Data Analysis 31.03.2022 09.30A.M to 12.30 PM Third 34325 Practicals on Skill Development Therefore, he may be enlarged on bail for the limited period. 6. Per contra, learned High Court Government Pleader opposes the bail petition stating that the investigation is under progress and therefore, passing any order would hamper the investigation. 7. 6. Per contra, learned High Court Government Pleader opposes the bail petition stating that the investigation is under progress and therefore, passing any order would hamper the investigation. 7. This court perused the materials on record. Irrespective of the merits of the matter, just because, the case is pending against the petitioner herein, which is being investigated in Crime No.8/2022, his future cannot be put to jeopardy. Therefore, necessity has arisen to make suitable arrangement for him to appear for the examinations. Accordingly, following order is passed: ORDER The petition is disposed of subject to the following conditions: (i) The petitioner is permitted to attend the examination on the aforesaid mentioned dates at Viveknanda Degree College, Rajajinagar, Bengaluru. (ii) The Chief Examiner/Head of the examination centre shall make suitable arrangement for the petitioner to write the examination in a separate room. (iii) The petitioner shall be permitted to attend the examination centre in proper suitable security person to be deployed by the jail authorities at the cost of the petitioner, who shall accompany the petitioner till the examination centre and after examination is completed, he shall escort him back to the prison on the same day. However, the petitioner shall not be hand-cuffed while proceeding to the examination centre and back. (iv) The escort/security shall not be in uniform, so as to maintain confidentiality and dignity of the petitioner. (v) Necessary charges for the security be deposited by the petitioner well in advance so as to make necessary arrangements by the jail authorities. (vi) On completion of the examination, till the next date of examination, it is made clear that the petitioner shall continue to be in the judicial custody i.e., in the Central prison. (vii) The benefit of this arrangement shall not be mis-used by the petitioner in any manner. (viii) The jail authorities shall permit necessary books to be supplied to the petitioner by his parents. (ix) A free copy be made available to the learned High Court Government Pleader, which shall be faxed/e-mailed to the jail authorities forthwith for proper compliance. The disposal of this petition shall not come in the way of filing any successive bail petition, which shall be dealt in accordance with law.