Santhu @ Shyam @ Shamu vs State Of Karnataka

K.Natarajan, J

This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.15/2021 registered by

Women Police Station, Tumakuru for the offences punishable under Sections 384, 504 and 506 read with Section 34 of IPC, 1860 and Section 12 of

the POCSO Act, 2012.

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

The case of the prosecution is that one Bhagya, the mother of the victim filed a complaint to the Police alleging that her daughter aged about 17

years studying in I PUC came in contact with accused No.1 who is also said to be a tuition mate and taking advantage of the Photographs taken by

the accused, he used to threaten her to bring money and received Rs.15,000/- from her. Again he telephoned her and abused her in a filthy language,

threatened her with dire consequences and demanded further amount of Rs.20,000/-. After registering the case, the Police arrested this petitioner on

17.02.2021 and remanded to the judicial custody. This petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence,

he is before this Court.

Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offences and has been falsely implicated in the case

by the mother of the victim as the victim and the petitioner were fell in love and both were studying in I PUC. The mother of the victim girl with an

intention to distract the friendship filed a false case against him. He is in custody for more than two months. He is ready to abide by the conditions that

may be imposed by this Court. Hence, prayed for granting bail.

Per contra, learned High Court Government Pleader seriously objected the bail petition and prayed for rejecting the bail petition.

Upon hearing the arguments and on perusal of the records, admittedly this petitioner and accused No.2 has been arrested by the Police on the

complaint lodged by the mother of the victim. This petitioner is said to have demanded the victim to pay the amount, if not paid, threatened to upload

the selfie photos in whatsapp, facebook, instagram and other social media and said to be abused in a filthy language. However the age of the victim is

17 years. Learned counsel for the petitioner submits that both are lovers, who belong to different religion. Therefore, the mother of the victim was

opposing their lover affair and filed a false complaint. The statement under Section 164 of Cr.P.C. recorded by the Magistrate still not yet sent to the

Court. By looking to the facts and circumstances of the case, though the offence is non-bailable, the same is not punishable either with death or

imprisonment of life. The investigation might have completed. Accused No.2 has already granted bail by the Sessions Court. Therefore, without

expressing any opinion regarding the merits of the case, I am of the view that this petitioner is also entitled for bail. Hence, I pass the following

ORDER

Accordingly, criminal petition is allowed.

The trial Court is directed to release the petitioner- accused No.1 on bail in Crime No.15/2021 registered by Women Police Station, Tumakuru for the

offences punishable under Sections 384, 504 and 506 read with Section 34 of IPC, 1860 and Section 12 of the POCSO Act, 2012, subject to the

following conditions:

(i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the

likesum to the satisfaction of the trial Court;

(ii) Petitioner shall not indulge in similar offences strictly;

(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

(iv) Petitioner shall appear before the Investigating Officer once in 15 days on every 2nd and 16th of the Calendar month between 10.00

a.m. and 4.00 p.m., for a period of one month for the purpose of investigation.