Rakshith @ Mandya vs The State of Karnataka

This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 341, 354(A)(1), 366, 376(D), 506(B) read with 34 of Indian Penal Code (hereinafter referred to as ''IPC'' for the sake of brevity) and Section 4 of Protection of Children from Sexual Offences Act (herein after referred to as ''POCSO Act''), registered in respondent - police station Crime No.18/2017.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR, complaint and also other materials produced in the case like, further statement of the complainant, so also, I have perused the order passed by the learned Sessions Judge, Bengaluru, rejecting the bail application of the present petitioner.

Looking to the complaint averments filed originally by the victim girl Rakshitha, wherein she has stated that during night on 08.01.2017, she had been to bring chicken to chicken centre, at that time, accused No.1 Praveen @ Prajwal along with three others came in a Car and they caught hold the complainant and then made her lie on the ground in a dilapidated house and thereby Praveen @ Prajwal committed forcible sexual intercourse on her. Whereas, the allegation as against other accused is that they removed her clothes. But subsequently, she filed further statement, wherein the entire story has been changed in the further statement, wherein it is stated that because of confusion that she has stated the name of Praveen @ Prajwal and three other persons but, in fact, it is one Rakshith and his three friends who came and committed rape on her.

Looking to her further statement and change of entire case and the allegations, so also, the accused person, at this stage, the contention of the complainant will not inspire the confidence in the mind of the Court. The petitioner/accused No.1 contended that he is an innocent and has not involved in committing the alleged offences and he is ready to abide by any of the conditions that may be imposed by the Court. The victim-girl is aged 17 years as on the date of filing of the complaint, which she has mentioned in the complaint and also in further statement. Looking to all these materials, I am of the opinion that this is a fit case to exercise discretion in favour of the petitioner-accused No.1. Accordingly, the petition is allowed.

Petitioner/accused No.1 is ordered to be released on bail for the offences punishable under Sections 341, 354(A)(1), 366, 376(D), 506(B) read with 34 of IPC and Section 4 of POCSO Act, registered in Crime No.18/2017, subject to the following conditions:

i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one solvent surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner shall appear before the concerned Court regularly.