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Vaseem Pasha vs State of Karnataka

Karnataka High Court · Decided on 29 May 2014 · Citation: (2014) 05 KAR CK 0001

HON’BLE JUDGES
Anand Byrareddy, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 344, 366, 368, 506 · Protection of Children from Sexual Offences Act, 2012 — Section 4
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1938/2014
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Judgment

8 paragraphs · 355 words

Anand Byrareddy, J.—Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

The petitioner is said to be accused of offences punishable under Sections 366, 344, 368, 506 of IPC and Section 4 of The Protection of Children from Sexual Offences Act, 2012.

3.

The complainant has alleged that she was seduced by the petitioner and on the promise of marriage, he had firstly brought her to Bangalore and obtained several signatures on blank papers for reasons best known to the petitioner. Thereafter he had taken her to a picnic spot called Bluff and from there he had taken her to Mandya and from Mandya to Ramnagar and after spending time at all the above places, he had finally despatched her home. It is after coming home that she had lodged a complaint of offences punishable under Sections 366, 344, 368, 506 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012. Notwithstanding the seeming participation and consensual sex on the part of the complainant the allegation is that the petitioner had taken advantage of her minority. It is claimed that she was 17 years old. This fact would have to be established at the trial. Since the gravity of the offence alleged would depend on the minority or otherwise of the complainant and the Court below having rejected the bail petition, notwithstanding the same, this Court is of the opinion that the petitioner has made out a case for enlargement on bail.

4.

Accordingly, this criminal petition is allowed. The petitioner shall be enlarged on bail on his furnishing a personal bond for a sum of Rs. 30,000/- with a solvent surety for a likesum to the satisfaction of the concerned Court, subject to the following conditions.

(i) The petitioner shall not directly or indirectly seek to influence the prosecution witnesses.

(ii) He shall appear before the Investigation officer as and when required and shall cooperate with the Investigating Officer.

(iii) The petitioner shall attend the Court regularly.

(iv) In case of violation of any of these conditions, the Court is at liberty to pass suitable orders.