Karnataka High Court
Sri. Chandru vs State Of Karnataka on 25 March, 2015
Author: A.V.Chandrashekara
Bench: A.V.Chandrashekara
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH 2015
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION No.25 OF 2015
BETWEEN:
SRI. CHANDRU
S/O. LINGAGOWDA
AGED ABOUT 31 YEARS
R/AT NO.39/1, NETHAJI LAYOUT
2ND MAIN ROAD, 3RD PHASE,
BANGALORE - 560 026
...PETITIONER
(BY SRI.A.JOHN BOSCO, ADV.,)
AND:
STATE OF KARNATAKA
BY MADANAYAKANAHALLI POLICE STATION
BANGALORE
REP: BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT BANGALORE - 560 001
...RESPONDENT
(BY SRI.B.J.ESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.504/2013 OF MADANAYAKANAHALLI POLICE
STATION, FOR THE OFFENCES P/U/S/377, 511, 504, 506 r/w 34 of
IPC AND U/S 8, 18 OF POCSO ACT 2012.
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THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned Government Pleader.
2. Petitioner is the sole accused in the criminal case bearing Crime No.4/2013 on the file of Madanayakanahalli Police station, Nelamangala circle for offences punishable under Sections 377, 511, 504, 506 r/w Section 34 of IPC and Sections 8 and 18 of POSCO Act, 2012.
3. The main allegation against this petitioner is that he had attempted to have sexual contact with 13 years old boy who is cited as CW2 in the charge sheet. The offence is stated to have been taken place on 14.08.2013. He has been in judicial custody from 23.08.2013. Entire investigation has been completed and charge sheet has been filed.
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4. Learned Government Pleader has vehemently opposed the bail application on the ground that it is too premature to disbelieve the materials collected by the prosecution and the offences alleged against him are punishable under Section 377, 511, 504, 506 r/w Section 34 of IPC and Sections 8 and 18 of POSCO Act, 2012.
5. Maximum sentence of imprisonment could extend upto 10 years for the offences punishable under Section 377 of IPC and it is triable by the JMFC. Maximum sentence of imprisonment could extend upto 5 years for the offences punishable under Section 8 of POSCO Act and half of the punishment contemplated under Section 8 is found in Section 18 of the POSCO Act. The entire investigation has been completed and charge sheet has been filed. The petitioner has undertaken to obey any condition which may be imposed on him by this Court. 4 Hence, the apprehension of the prosecution could be suitably met out by imposing proper conditions. Hence, the following;
ORDER
(i) Petition is allowed.
(ii) Petitioner is ordered to be released on bail on
his execution of personal bond in a sum of Rs.75,000/- (Rupees seventy five thousands only) with one like bond to the satisfaction of the concerned Court.
(iii) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.
(iv) Petitioner shall not involve in any criminal activities.
(v) Petitioner shall attend the respondent-police station once in every second Sunday between 9.00 am and 5.00 pm for a period of one year from the date of release from the prison till 5 the case registered against him is disposed of by the concerned Court.
Sd/-
JUDGE GH