Charan Raj vs State

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.103/2021 of Mangalore Women Police Station, Mangalore, for the offence punishable under Sections 354, 384, 504, 506, 509 read with 34 of IPC and Section 8 of Protection of Children from Sexual Offences Act (‘POCSO Act’ for short).

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case of the prosecution is that the victim minor girl appeared before the police and made an allegation against this petitioner and other three persons that on 02.12.2021, when she was returning from the college, this petitioner snatched the college bag and mobile from her and took out the memory card and caused threat and thereafter on 07.12.2021, he sent the message and also made voice call and then she comes to know about this petitioner that he had indulged in such act and he used to send indecent photographs to her mobile and deleting the same and started to harass the petitioner. He called her to return the memory card and instructed her to sit in the car and when she refused, he abused in a filthy language.

The learned counsel for the petitioner submits that a false case has been registered against the petitioner and no such incident has taken place and there are no any criminal antecedents against the petitioner and the offence is not punishable either with death or imprisonment for life.

Per contra, the learned High Court Government Pleader appearing for the respondent-State reiterates the contents of the complaint and contend that this petitioner outraged the modesty of a girl and subjected for threat and abuse.

Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and on perusal of the material available on record, there are no criminal antecedents against this petitioner and the offences are also not punishable either with death or imprisonment for life. The only allegation is that he snatched the mobile and took out the memory card and used to send messages. Considering the gravity of the offence and the allegations made in the complaint, it is a fit case to exercise the powers under Section 438 of Cr.P.C. with conditions.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.103/2021 of Mangalore Women Police Station, Mangalore, for the offence punishable under Sections 354, 384, 504, 506, 509 read with 34 of IPC and Section 8 of POCSO Act, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.