Karnataka High Court
John vs State Of Karnataka on 20 November, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.6271 /2020
BETWEEN:
1. John,
Aged 23 years,
S/o Arula Das
2. Rajesha
Aged 19 years,
S/o Arula Das
Both 1st and II petitioner
Are residing at Vijayanagara,
Ramanagara Town,
Ramanagara
Pin-571 511.
3. Praveena
Aged 19 years,
S/o Rajanna,
Residing at Vaderahalli,
Kasaba Hobli,
-2-
Ramanagara Town,
Ramanagara District.
Pin-571 511.
...Petitioners
(By Sri.Parthasarathy.M, Advocate)
AND:
State of Karnataka
By Ramanagara Town Police,
Ramanagara,
Represented by
State Public Prosecutor,
High Court Building,
Bangalore-560 001.
...Respondent
(By Sri.R.D.Renukaradhya, HCGP)
This Criminal Petition is filed under Section 438
of Cr.P.C. praying to enlarge the petitioner on bail in
the event of their attest in Cr.No.97/2020 of
Ramanagara Town P.S., Ramanagara District for the
offence P/U/S 354A, 354D, 504, 506, 509 of IPC and
sec.12 of POCSO Act.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the petitioner/accused Nos.1 to 3 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime -3- No.97/2020 of Ramanagara Town Police Station for the offences punishable under Sections 354A, 354D, 504, 506, 509 of IPC and under Section 12 of POCSO Act.
2. Notice to complainant has been served but he remained absent.
3. I have heard the learned counsel Sri. Parthasarathy.M for the petitioner/accused Nos.1 to 3 and learned HCGP Sri. R.D.Renukaradhya for respondent-State.
4. The gist of the complaint is that the father of the victim filed a complaint alleging that accused Nos. 1 & 2 are running vegetable shop adjacent to the house of the complainant and accused No.3 is a Tailor in the same locality. At about five months earlier to -4- lodging of the complaint the petitioner/accused along with accused persons were teasing the victim girl and a complaint has been lodged before the Ramanagara Town Police Station and on enquiry, police came to know that the victim girl and accused No.1 were chatting in Instagram and the police advised the girl and accused No.1 not to behave in the same passion. Subsequently, complainant noticed that the victim girl was hesitant to go out of the house and on enquiry he came to know that the accused/petitioners were posing threat to the victim girl by saying that they will forward her old messages to facebook and whatsapp of the girls to neighbours' who are residing there. It is further alleged that they were also demanding an amount of Rs.2,000/- from the victim girl. After coming to know the parents of the victim girl, contacted the accused persons and they have -5- threatened and abused them. On the basis of the complaint, a case has been registered.
5. It is the submission of the learned counsel for the petitioner/accused that the petitioner/accused are innocent and have not committed any offence. Earlier the victim used to chat with the petitioner/accused No.1 in Instagram and subsequently the matter has gone to the police station and same has been pacified. Though there is no contact, a false complaint has been registered. It is his further submission that the statement of the victim under Section 164 of Cr.P.C. has been recorded belatedly and in the said statement nowhere it has been alleged that accused Nos. 2 and 3 have committed any act. It is his further submission that contents of the complaint does not disclose the fact that the accused persons used to touch her body and -6- there is improvement in statement of victim which is recorded under Section 164 of Cr.P.C. It is his further submission that the complainant has foisted a false case so as to see that the petitioner/accused are apprehended. The petitioner/accused are ready to abide by the conditions that may be imposed by this court and ready to offer sureties.
6. Though it is contended by the learned HCGP by contending that the complaint has been got registered on 25.09.2020 and subsequently the requisition has been given on 03.10.2020 and statement of victim has been recorded on 06.10.2020 and there is no delay in recording the statement of the victim under Section 164 of Cr.P.C and even the accused persons used to threaten by saying that they are going to share the screen shots taken in respect of the victim. The petitioner/accused have committed -7- heinous offence. But, by going through the statement of the complaint and Section 164 of Cr.P.C statement there are major contradictions. In the complaint, no where it has been stated that petitioner/accused used to touch her body and they have committed the said offence but in Section 164 of Cr.P.C. statement she has made an improvement by saying that they used to touch her body, that itself goes to show that there is some doubt in case of the complainant.
7. Taking into consideration of the said facts and circumstances I am of the considered opinion that by imposing some stringent conditions if the petitioner/accused Nos.1 to 3 are ordered to be released on bail, it is going to meet the ends of justice.
-8-
8. In that light, the petition is allowed. Petitioner-accused Nos.1 to 3 are ordered to be enlarged on bail in the event of their attest in Cr.No.97/2020 of Ramanagara Town P.S., Ramanagara District for the offence punishable under Sections 354A, 354D, 504, 506, 509 of IPC and section 12 of POCSO Act with following conditions:-
1. Petitioner-accused Nos. 1 to 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation officer within 20 days from today, failing which, this order automatically stands cancelled.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall mark his attendance once in 15 days between 10.00 a.m and 5.00 p.m., before the concerned police station till the trial is concluded.
5. They shall not leave the jurisdiction of the Court without prior permission.-9-
6. They shall be regular in attending the trial unless he has been exempted for just cause by the Court.
7. They shall not indulge in similar type of criminal activities and he should not threaten the witnesses.
8. If any one of the conditions is violated, the bail is liable to be cancelled.
Sd/-
JUDGE RKA