Prashantha S vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.82/2021 of Kolala Police Station,

Tumakuru, for an offence punishable under Section 363 of IPC and Section 12 of POCSO Act, 2012.

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

The factual matrix of the case is that the paternal aunt’s son has lodged a complaint stating that the victim girl did not come back from the

college. Based on the complaint, an offence under Section 363 of IPC is invoked and during the course of investigation other offence under Section 12

of the POCSO Act, is also invoked.

The learned counsel appearing for the petitioner would submit that the victim girl, who is aged about 17 years, 10 months and 20 days. She has also

examined before the learned Magistrate under Section 164(5) of Cr.P.C., wherein, she has not made any allegation as against the petitioner. Hence,

he may be enlarged on bail.

Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that the victim girl is a minor. Hence, he

may not be enlarged on bail.

Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader

appearing for the State, on perusal of the material available on record and also the fact that there is no any sexual harassment against the petitioner

herein, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest

of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.82/2021 of Kolala Police Station, Tumakuru, for an

offence punishable under Section 363 of IPC and Section 12 of POCSO Act, 2012, subject to the following conditions:

(i) The petitioner shall execute 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.