Karnataka High Court
Dinesh H J vs State By Koppa Police Station on 17 March, 2021
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.997 OF 2021
BETWEEN
DINESH H.J.
S/O. JANNAIAH,
AGED ABOUT 19 YEARS,
WORKING AS COOLIE,
RESIDENT OF HOSAKOPPA COLONY,
DUBLA, HERURU,KOPPA TALUK,
CHIKKAMAGALUR DISTRICT - 577 101.
... PETITIONER
(BY SRI GIRISH B. BALADARE, ADVOCATE)
AND
1. STATE BY KOPPA POLICE STATION,
CHIKKAMAGALUR DISTRICT - 577 101,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. CHINNA
S/O. CHENNAIAH,
AGED ABOUT 44 YEARS,
ADI KARNATAKA JANANGA,
BRAHMANAKOODU,
NARASIPURA VILLAGE,
KOPPA TALUK,
CHIKKAMAGALURU DISTRICT - 577 101.
... RESPONDENTS
[BY SMT. RASHMI JADHAV, HCGP FOR R-1/STATE;
SRI GIREESHA KODGI, ADV., FOR R-2 (ABSENT)]
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2021 OF
KOPPA POLICE STATION, CHIKKAMAGALURU DISTRICT FOR THE
OFFENCE PUNISHABLE UNDER SECTION 354A OF THE IPC AND
SECTION 8 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.4/2021 registered by the Koppa Police Station for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and Section 354(A) of Indian Penal Code, 1860 (for short IPC).
2. The case of the prosecution is that on the complaint filed by one Chinna bin Channaiah on 7.1.2021 alleging that on 6.1.2021, as usual his daughter-Sindura went to the school and did not return home till 11.00 p.m. 3 After enquiring the concerned school teacher, they informed that she left the school premises at 1.30 p.m. itself. At 11.00 p.m., she came to the house and after due enquiry, she informed that when she was returning from school, the accused came in motorcycle and insisted her to board the two wheeler. She refused for the same. Accused told that he was proceeding towards her village and forced her to sit on the motorcycle and later while proceeding, he went to Bettagere forest and insisted her to fall in love and tried to outrage her modesty by holding her hand and later, on her request, he left the victim near her house. After registering the case, the Police arrested the petitioner on 8.1.2021 and later, he was remanded to the judicial custody. The petitioner approached the Sessions Court for grant of bail which came to be rejected. Hence, the petitioner is before this Court.
3. There is no representation on behalf of learned counsel for respondent No.2.
4
4. Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offences and has been falsely implicated in the case. He is ready to abide by the conditions imposed by this Court. The offence is not punishable with death or imprisonment for life and triable by the Special Court. Punishment is only five years. The Police have stated that he is not required for further investigation. Therefore, prayed for granting bail.
5. Per contra, learned High Court Government Pleader objected the bail petition and contended that the victim's father has clearly stated in the complaint that his daughter objected when he tried to outrage her modesty by touching her chest. There is a prima facie case made out against the petitioner. Hence, prayed for rejecting the bail petition.
6. Upon hearing the arguments and on perusal of the records, admittedly, the petitioner is said to be 5 arrested on 8.1.2021 on the complaint given by the father of the victim alleging that the accused took the victim girl in his motorcycle and tried to outrage her modesty by touching her chest and insisted her to fell in love and when she refused for the same, he has brought the victim girl back to her house. After the arrest, the victim girl and the accused were subjected for medical examination and the Police have stated that the presence of the accused is no more required for the purpose of custodial interrogation and produced before the Court and remanded to the judicial custody. The accused was arrested on 8.1.2021 i.e., about two months back. The charge-sheet might have been filed by the Police. Though the offence is non- bailable, the same is not punishable either with death or imprisonment of life. The offence is triable by the Special Court (POCSO). The present petitioner may not be required for the purpose of investigation. Considering the above said facts and circumstances of the case by imposing certain stringent conditions, if the bail is granted 6 to the petitioner, no prejudice would cause to the prosecution case. Hence, the following ORDER Accordingly, criminal petition is allowed. The Special Court is ordered to release the petitioner on bail in Crime No.4/2021 registered by the Koppa Police Station for the offence punishable under Section 8 of the POCSO Act and Section 354(A) of IPC, subject to the following conditions:
(i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with a
surety for the likesum to the
satisfaction of the Special Court;
(ii) Petitioner shall not indulge in similar
offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;7
(iv) Petitioner shall appear before the Investigating Officer once in a week on every Monday between 10.00 a.m. to 4 p.m., for a period of two months or till filing of the charge sheet whichever is later; and
(v) Petitioner shall not leave the jurisdiction without prior permission of the trial Court.
If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.
Sd/-
JUDGE GBB