Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 4345 OF 2024 BETWEEN: PRADEEP KUMAR @ PRADEEP .K.A., S/O ASHOK, AGED ABOUT 21 YEARS, RESIDING AT KANDEGALA VILLGE MALVALLI TLAUK, MANDYA DITRICT PIN - 571 430 (IN J.C.) …PETITIONER (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND:
Digitally signed by SRIDEVI S 1. THE STATE OF KARNATAKA Location: high BY KANAKPUARA RURAL POLICE court of karnataka REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001
2. SMT. VEENA BAI,
W/O LATE RAMESH NASIKA, AGED ABOUT 35 YEARS, RESIDENT OF TULASIDODDI VILLAGE, KASABA HOBLI, KANAKAPURA HOBLI KANAKPUARA TALUK, RAMANAGARA TALUK - 562 117 MOTHER OF VICTIM …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1 R2 - SD) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.174/2023 REGISTERED IN KANAKAPURA RURAL POLICE STATION, RAMANAGARA DISTRICT, -2-
FOR THE OFFENCE P/U/S 8 AND 12 OF POCSO ACT, PENDING ON THE FILE OF 1ST ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.174/2023 of Kanakapura Police Station, pending on the file of the learned 1st Addl.Civil Judge (Jr.Dn.) and JMFC Court, Kanakapura ,registered for the offences punishable under Section 363 of the Indian Penal Code (for short 'IPC') and under Sections 8 and 12 of Protection of Children from Sexual Offences Act (POCSO), 2012, on the basis of the first information lodged by the informant Veenabai.
2. Heard Sri.A.N.Radha Krishna, learned counsel for the petitioner and Sri.K.P.Yashodha, learned High Court Government Pleader for the respondent No.1-State. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: -3- “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: REASONS
4. Petitioner the sole accused is seeking grant of bail.
He was apprehended on 23.03.2024 and since then he is in judicial custody. The investigation is completed and the charge sheet is filed. It is alleged that the petitioner had taken the victim girl aged 15 years with an intention to marry and kept her in his relative’s house, from where, she was rescued. Thus it is stated he kidnapped the minor girl aged 15 years and committed sexual assault and harassment. It is to be noticed that petitioner is hardly aged 21 years. He is not required for further investigation nor he is having any criminal antecedent. His detention in custody may bring in contact with hardcore criminals, which is not in the best interest of the petitioner. Considering all these facts and circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail
-4- subject to conditions, which will take care of the interest of the prosecution.
5. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER
The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.174/2023 of Kanakapura Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. -5- On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify
the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/- JUDGE BH List No.: 1 Sl No.: 32