Full Judgment
(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.239/2014 of Manchenahalli Police Station, Chickballapura for the offence punishable under Section 363 of IPC and 12 of POCSO Act and 11 and 9 of Child Marriage Restraint Act and Etc.)
1. Heard the learned counsel for the petitioner and the learned Government Pleader for the Respondent-State.
2. Petitioner is the sole accused in Cr.No.239/2014 on the file of Manchenahalli Police Station, Chikkaballapur District. After concluding investigation, charge-sheet has been filed for the offences punishable under Section 363 of IPC, Section 12 of Protection of Children from Sexual Offences Act, 2012 and Sections 11 and 9 of the Child Marriage Restraint Act. The petitioner is in judicial custody since 7 months. Hence, regular bail application has been filed under Section 439 of Cr.P.C.
3. The main allegation against the petitioner is that, the complainant by name Sri. Ramanjenappa stated in the complaint that, his daughter Kum. Jayamala was studying in 10th standard in Composite Junior College, Manchenahalli. One Venkararamanappa was also residing in their village. The petitioner-accused used to come to Venkataramappa's house. While he was coming to Venkataramapp's house he used to talk to complainant's daughter. As there was holiday to the school, his daughter was in the house. On 19/10/2014 due to some work, the complainant had been to Gowribidanur and when he returned back home, his daughter-Jayamala was not in the house and he telephoned to his relatives and also searched her in different places, but he did not find her. Hence, he has lodged a complaint against the petitioner.
4. Learned Government Pleader has vehemently opposed the bail application on the ground that there is prima facie case against the petitioner in regard to the involvement of the petitioner-accused in committing the alleged offence. Hence he requests this court to dismiss the bail application. ƒ
5. Perused the records.
6. It is evident that, as per the first information lodged by the complainant-father of the victim girl Kum. Jayamala, she was aged about 15 years. On 24/10/2014 the statement given by the victim girl before the police is that, her father is forcibly conducting the marriage of victim girl with other person against her will. Hence, she has got married with the petitioner-accused.
7. The petitioner is a permanent resident of a village Manchenahalli, Chikkaballapur Taluk having roots in the community and has undertaken to obey any condition that may be imposed. Thus the apprehension of the learned HCGP could be met by imposing suitable conditions.
ORDER
Accordingly, the petition under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail, in Crime No. 239/2014 of Manchenahalli Police Station, Chikkaballapura District, subject to the following conditions:
1) Petitioner shall be released on bail on his execution of personal bond for a sum of Rs.75,000/- (Rupees Seventy-five Thousand only) with one surety for like sum bond to the satisfaction of the concerned Court.
2) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses.
3) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.
4) Petitioner shall not involve in any criminal activities.
5) Petitioner shall attend the Sessions Court regularly on all dates of hearing and shall co-operate with the learned Sessions Judge to hold the trial.
6) Petitioner shall mark attendance at the Jurisdictional Police Station on every second Sunday of the month between 9 a.m. to 5 p.m. for a period of six months from the date of his release or till the disposal of the case, whichever is earlier.
7) If the petitioner violates any one of the condition imposed on him, the prosecution is at liberty to seek for cancellation of bail from the concerned Sessions Court.
Ordered accordingly.