Somaraj vs State Of Karnataka on 9 March, 2016

[Cites 6, Cited by 0]

Karnataka High Court

Somaraj vs State Of Karnataka on 9 March, 2016

Bench: A.V.Chandrashekara

                       1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 9TH DAY OF MARCH 2016

                    BEFORE

 THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA

         CRIMINAL PETITION NO.668 OF 2016

BETWEEN:

SOMARAJ
S/O SOMEGOWDA
AGED ABOUT 21 YEARS
R/O NELLURU VILLAGE
KASABA HOBLI
MALAVALLI TALUK
MANDYA DISTRICT - 571 401
                                      ... PETITIONER
(By: SRI. H.B.CHANDRASHEKAR, ADV.,)

AND

STATE OF KARNATAKA
BY K.M.DODDI POLICE,
MANDYA - 571 401
REP. BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
                                  ... RESPONDENT
(By SRI. B.J. ESHWARAPPA, HCGP)

     THIS CRL.P IS FILED U/S. 439 OF CR.P.C.,
PRAYING OT ENLARGE THE PETITONER ON BAIL IN
SP.C.NO.84/2015 (CR.NO.129/2015) OF K.M.DODDI
                               2


POLICE STATION, MANDYA DISTRICT FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 363, 376
OF IPC AND SEC.4 OF POCSO ACT, AND SEC. 10 OF
PROHIBITION OF CHILD MARRIAGE ACT.

     THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:

                        ORDER

Heard the learned counsel for the petitioner who is the sole accused in a criminal case bearing Crime No. 129/2015 on the file of the respondent police station. After concluding investigation charge sheet is filed for the offences punishable under Sections 363, 376, Section 4 of POCSO Act and Section 10 of Prohibition of Child Marriage Act. Petitioner is in judicial custody for the past eight months and hence regular bail application is filed on his behalf.

2. The case on hand relates to the abduction of a minor girl who is aged about 16 years and having 3 sexual contact with her on several occasions by this petitioner

3. Learned Government Pleader vehemently opposed the bail application and requests this court to dismiss this criminal petition.

4. The statement of the victim girl is recorded by the JMFC under section 166 OF Cr.P.C. on 26.06.2015. No serious allegation is made against this petitioner either in regard to her abduction or in regard to the rape. What is stated by her is that she did not like to remain in the house of her senior aunt as she was finding it very difficult, she came into contact with this petitioner and they were loving with each other and on her own she left her house with him. This aspect is taken into consideration for the limited extent of allowing the bail application and this shall not influence the learned judge to dispose of the case on merits. 4 Petitioner is a permanent resident of a village in Mandya District and having roots in the community. He has undertaken to obey any conditions which may be imposed on him. Thus the apprehension of the learned Government Pleader could be met suitably by imposing proper conditions. Accordingly, the following:-

ORDER

1. The petition is allowed.

2. Petitioner is ordered to be released on bail on him executing a personal bond for a sum of Rs.75,000/- (Seventy Five Thousand Rupees Only) with one surety for the likesum to the satisfaction of the concerned Court.

3. He shall mark his attendance once in a month on every 4th Sunday between 9.00 AM to 5.00 PM before the jurisdictional police station without fail till the disposal of this case.

4. He shall not hold out threats to the prosecution witnesses in any manner.

5. He shall attend the concerned court on all the dates of hearing without fail.

Sd/-

JUDGE Bsv

Unlock Advanced Research with PRISMAI

Karnataka High Court