Vinay H.R 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.168/2021 of Woman Police Station,

Davanagere City Sub-Division, Davanagere, for the offences punishable under Sections 363, 366(A) and 354 of IPC and Sections 8 and 12 of

Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short).

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

The factual matrix of the case of the prosecution is that this petitioner was following the victim whenever she used to attend the college. That on

22.11.2021, when she was returning after the college hours, he took her to the house of his brother and on the next day, when she was about to go to

college, at that time, police came and took her to police station and hence, she has lodged the complaint. Based on the complaint, the police have

registered the case for the offences punishable under Sections 363, 366(A) and 354 of IPC and Sections 8 and 12 of POCSO Act and victim is also

examined before the learned Magistrate.

Learned counsel appearing for the petitioner would submit that only in the complaint, an allegation is made that this petitioner took her in the

motorcycle and hence, the police have invoked the offences under Sections 8 and 12 of the POCSO Act also and no ingredients of the said offences

are made out in the complaint and in 164 statement also, nothing is attributed against the petitioner.

Per contra, learned High Court Government Pleader appearing for the respondent-State would submit that the averments made in the complaint has

been reiterated in the 164 statement also and the victim has not stated anything against the petitioner herein.

Having heard the respective counsel and also on perusal of the material available on record, the complaint averment and also in 164 statement of

the victim, no prima facie material is collected by the prosecution to invoke the offence under Sections 8 and 12 of the POCSO Act and also with

regard to the other offences, the only allegation against this petitioner is that, he took her to the house of his brother. Hence, 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.168/2021 of Woman Police Station, Davanagere

City Sub-Division, Davanagere, for the offences punishable under Sections 363, 366(A) and 354 of IPC and Sections 8 and 12 of POCSO Act, 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.