Sri Ramachandra C vs The State of Karnataka

This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Section

354 of IPC and also under Sections 8 and 12 of the POCSO Act, 2012 registered in respondent - police station Crime No.162/2017.

Case of the prosecution in brief is, when the victim girl was alone in the house and the petitioner under the guise of supplying gas cylinder came

to the house and pressed her private parts and also kissed her and made sexual advances to her. On the basis of said complaint, case was

registered against the petitioner.

Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader

appearing for the respondent-State.

Learned counsel for the petitioner during the course of his arguments submitted that even referring to the oral evidence of P.W.1, the victim girl

and P.W.2, the mother of the victim girl, no case is made out as against the petitioner for the alleged offences. Petitioner is having two small school

going children and there is nobody to look after them. From the date of arrest he is in custody. Hence, by imposing reasonable conditions,

petitioner may be admitted to regular bail.

Per contra, learned High Court Government Pleader during the course of his arguments submitted that even on earlier occasion he had

approached this Court and this Court had rejected the bail petition of the petitioner. Only the evidence of P.Ws.1 and 2 is not the material to take

decision in the matter and other important material witnesses like doctor, investigation officer and panch witnesses will have to be examined before

the concerned trial Court. Then only the Special Court will be in a position to know exactly what has happened in the case. Hence, submitted to

reject the bail petition.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the deposition of P.Ws.1

and 2 produced by the learned counsel for the petitioner.

Looking to the materials on record, at this stage there is a prima facie case as against the petitioner for his involvement in committing the alleged

offences. As rightly submitted by the learned Government Pleader the other material witnesses like doctor, investigating officer and other panch

witnesses will have to be examined in the case. Hence, at this stage, I am of the opinion that petitioner is not entitled to be granted with bail.

However, in view of the submission made by learned counsel for the petitioner that from the date of arrest petitioner is in custody, so also, in

view of the provision under Section 35(2) of the POCSO Act to dispose of the main case itself within one year from the date of taking cognizance,

the concerned Special Judge is hereby directed to take up the matter on priority basis and to dispose of the main case itself, as early as possible

and not later than three months from the date of receipt of the copy of this order. Registry to intimate the concerned Special Court accordingly.