Kolpe Razak Ansif, @ Ansip vs State Of Karnataka & Others

Mohammad Nawaz, J

This petition is filed under Section 438 of Cr.P.C. by the petitioner/accused seeking to enlarge him on anticipatory bail in Crime No.15/2021 of

Dakshina Kannada Woman Police Station (Women Police Station, Puttur), registered for offences punishable underS ections 354, 354(A), 506 of IPC

and Section 8 of POCSO Act, 2012.

Heard the learned counsel for petitioner and the learned HCGP for respondent-State.

The case of the prosecution in brief is that the complainant/victim girl is aged about 17 years. The petitioner used to pressurize her to love him and

during holidays for the college, when she was sitting in the shop of her father, he used to come to the said shop as a customer and harassing her

forcing her to love him. He was making phone calls to the nearby hotel and talking to the victim. About two months prior, when the victim was

standing near her house along with her sister, the accused came in a silver colour Ritz car and telling that he will drop them near their shop, took them

towards Koppa - Maderi Road and in an isolated place, compelled the victim to love him and touched her body. When she and her sister screamed, he

gave them chocolate packet and brought them back and dropped near their house. It is the further case of the prosecution that on 25.03.2021 at about

9.30 p.m., petitioner came near the house of the complainant and asked her to come out and when she refused, touched her body through the window

and when the complainant screamed loudly, he ran away by threatening her with dire consequences.

It is contended by the learned counsel for the petitioner that the entire allegations are false. He contends that there is an inordinate delay in lodging

the complaint. He further contends that the complaint is a cooked up story at the instigation of the persons who are inimical against the petitioner. He

submits that the petitioner is a young man and if he is arrested and sent to judicial custody, he and his family members will be put to great hardship. He

submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, sought to allow the petition.

Per contra, the learned HCGP contends that the investigation is still in progress and in the event of release of the petitioner he may threaten the

witnesses and thereby hamper the case of prosecution. Accordingly, seeks to dismiss the petition.

According to the complaint averments, the accused/petitioner used to force the complainant/victim to love him and used to come to her father's

shop pretending as a customer and he was forcing her to love him. About two months prior to lodging of the complaint, the petitioner took the

complainant and her sister in a car to a secluded place and tried to outrage her modesty and when the complainant and her sister screamed, he gave

them chocolate and dropped them near their house. It is also alleged that on 25.03.2021 at about 9.30 p.m., when the complainant, her sister and her

aunt were present in the house, the petitioner came near the house and called the complainant to come out of the house and when she refused, put his

hand inside through the window and touched her body etc.

If the complaint averments are perused, it reveals that much prior to lodging of the complaint, the petitioner was forcing the complainant to love him.

The first incident is alleged to have taken place about 2 months prior to the lodging of complaint. It is also alleged that on 25.03.2021 at 9.30 p.m., the

petitioner came near the house of the complainant and tried to call her to come out of the house and touched her body through the window. The

complaint is lodged on 26.03.2021. Prior to lodging of the present complaint, there is no material to show that the complainant has either informed her

parents or relatives about the conduct of the petitioner. There was no any prior complaint lodged by the complainant or her family members against

the petitioner. The alleged offences are not punishable with death or imprisonment for life. It is submitted that the statement of the complainant is

already recorded under Section 164 of Cr.P.C. The petitioner has undertaken to abide by the conditions which may be imposed by the court. He is not

required for custodial interrogation. In the facts and circumstances, the relief sought by the petitioner can be granted by imposing suitable conditions.

Hence, the following :

ORDER The criminal petition is allowed. The petitioner - Accused shall be enlarged on bail in the event of his arrest in Crime No.15/2021 of

Dakshina Kannada Woman Police Station (Puttur Woman Police Station), registered for offences punishable underS ections 354, 354A, 506 read with

Section 8 of POCSO Act, 2012, subject to following conditions:

(i) Petitioner shall appear before the Investigation Officer within a period of 2 weeks from the date of receipt of a copy of this order and shall execute

a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for like sum.

(ii) Petitioner shall furnish proof of his correct residential address and shall inform the police/court if there is any change in the address.

(iii) Petitioner shall cooperate with the investigation and shall not leave the jurisdiction of the trial court until completion of investigation.

(iv) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly and he shall not put any threat or inducement to the victim in

any manner.

(v) Petitioner shall be regular in attending the court proceedings.