Safwan @ Safvan vs State By Karnataka on 10 November, 2021

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Karnataka High Court

Safwan @ Safvan vs State By Karnataka on 10 November, 2021

Bench: K.Natarajan

                            1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 10th DAY OF NOVEMBER, 2021

                          BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

           CRIMINAL PETITION No.7467 of 2021

BETWEEN

SAFWAN @ SAFVAN
S/O ALI
AGED ABOUT 22 YEARS
RESIDING AT PANNIPARA HOUSE
EDAVANNA PANCHAYATH
ERNADU TALUK
MALAPPURAM DISTRICT-676 505
                                              ...PETITIONER
(BY SRI SACHIN B.S., ADVOCATE)

AND

STATE BY KARNATAKA
BY MOODABIDRE POLICE STATION
DK MANGALURU-575227
REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560 001
                                            ...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE
PETITIONER    ON    BAIL   IN    SPL.   CASE   NO.142/2021
(CR.NO.237/2021)   OF    MOODABIDRE      POLICE   STATION,
MANGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 354C, D,363, 511, 506 OF IPC AND SECTION 12 OF
POCSO ACT ON THE FILE OF THE FAST TRACK COURT,
MANGALORE CITY.
                                2


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


                             ORDER

This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking regular bail in Crime No.237/2021 registered by Moodabidre Police Station for the offences punishable under Sections 354C, 354D, 363, 511 and 506 of IPC and Section 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

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

3. The case of the prosecution is that the complainant who is the elder sister of the victim had lodged a complaint to the Police on 18.07.2021 alleging that her mother died about 8 years prior to the incident by committing suicide. Her father was also murdered. Therefore, her victim sister was staying in Prajna Counselling Centre. On 18.07.2021, she went to see her sister and when she was standing near the 3 Counselling Centre, the petitioner came in a motorcycle and tried to abduct her sister. Therefore, she pushed him aside and he went away. They informed the authorities of the Counselling Centre and subsequently to the Police. On enquiry, she revealed that the accused forcibly hugged her and tried to kiss her. After registering the case, the Police arrested the petitioner on 18.07.2021 and remanded him to judicial custody. His bail petition came to be rejected by the Sessions Judge. Hence, he is before this Court.

4. Upon hearing the arguments and perusal of the record reveals that ofcourse at the first instance, in January 2021, the victim was minor aged about 17½ years. The petitioner is said to be the relative and the complainant and the victim met him when they visited their aunt's house. Subsequently, when the sister of the complainant was in the Counselling Center, the accused tried to meet her and tried to abduct her. The victim has already completed 18 years of age. The petitioner is in custody for nearly four months. Charge sheet has already been filed. Except the contention 4 that the petitioner is from Kerala and that he may abscond, there is no other allegation against him. Looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, by imposing certain conditions, if the petitioner is released on bail, no prejudice would be caused to the case of the prosecution. Hence, the following:

Order Criminal Petition is allowed.

The Committal Court/Trial Court is directed to release the petitioner-accused on bail in Crime No.237/2021 registered by Moodabidre Police Station for the offences punishable under Sections 354C, 354D, 363, 511 and 506 of IPC and Section 12 of POCSO Act, subject to the following conditions:

i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one Lakh only) with two sureties for the likesum to the satisfaction of the Trial Court, out of which, one surety shall be of a close relative of the petitioner from Kerala.

ii) Petitioner shall not indulge in similar offences;

iii) Petitioner shall take up the trial without causing any delay.

SD/-

JUDGE mv

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