Karnataka High Court
Lawrence Melwyn D"Souza @ Jeevan @ ... vs State Of Karnataka on 13 June, 2013
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 13TH DAY OF JUNE, 2013
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.3268 of 2013
BETWEEN:
Lawrence Melwyn D'Souza
@ Jeevan @ Salman
@ Mohammad Salman,
Son of Francis D'Souza,
Aged about 26 years,
Residing at Kangithota Abettu,
Meramanjalu Village,
Bantwal Taluk. ...PETITIONER
(By Shri. Sandesh J Chouta, Advocate)
AND:
State of Karnataka
through Bantwal Police Station,
represented by Public Prosecutor,
High Court Building,
High Court of Karnataka,
Bangalore. ...RESPONDENT
(By Shri. Raja Subramanya Bhat, Government Pleader)
2
This Criminal Petition is filed under Section 439 of the
Code of Criminal Procedure, 1973, praying to enlarge the
petitioner on bail in Spl. Case No.11 of 2013 pending on the
file of the I/c Principal District and Sessions (Special) Judge,
Dakshina Kannada, Mangalore, for the offence punishable
under Section 354 of Indian Penal Code, 1860 and under
Section 20 of Protection of Children from Sexual Offence Act,
2012.
This petition coming on for Orders this day, the court
made the following:
ORDER
Heard the learned Counsel for the petitioner.
2. The facts of the case are that on 1.12.2013, the complainant Padmini had stated that her daughter, aged about 10, was a school going child and she had returned home crying and when inquired as to what had transpired, she had stated that the petitioner had met her on the way and offered her Rs.10/- and tried to drag her to a secluded place and sensing that there was something untoward, she is said to have escaped from him and came running home. Apart from this allegation, there is no indication that the child had suffered any kind of injury. However, the petitioner was taken into custody and he 3 has remained in custody. The petitioner having approached the court below seeking bail, the same has been rejected. The court below, while drawing attention to Section 12 of the Protection of Children from Sexual Offences Act, 2012, has held that it is quite possible that the petitioner may commit other offences.
3. From the allegations and the material on record, there is no indication that the petitioner had committed any offence, except that the child suspected foul play and that there was mischief afoot, in the petitioner seeking to take her away to a secluded place and has complained to her mother. The Police have arrested the petitioner, on suspicion of his attempting to commit a serious offence. Therefore, the petitioner has made out a case for enlargement on bail.
The petition is allowed and the petitioner shall be enlarged on bail on his executing a self bond in a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with a solvent surety for a like sum to the satisfaction of the court below. The 4 petitioner shall attend the court on all dates of hearing. The petitioner shall not seek to influence or tamper with the prosecution witnesses. The petitioner shall not leave the jurisdiction of the court below without the prior permission of the court.
Sd/-
JUDGE nv