Karnataka High Court
Mr. Samasis Goala vs State Of Karnataka on 27 November, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:48671
CRL.P No. 11908 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11908 OF 2024
BETWEEN:
MR. SAMASIS GOALA
S/O MR MAYAN GOALA
AGED ABOUT 27 YEARS
R/AT D S MAX SAROVARA APARTMENT,
CHIKKANAHALLI ATTIBELE TOWN
ANEKAL TALUK
RAMANAGARA URBAN DISTRICT
PERMANENTLY R/AT BINAKY VILLAGE
UCKKIPUR POLICE STATION,
KAACHAR DISTRICT
ASSAM STATE
...PETITIONER
(BY SRI. VINAY SHREYAS K.V., ADVOCATE FOR
SRI. M J REVANNA SIDDESH.,ADVOCATE)
AND:
Digitally signed by
REKHA R
Location: High
Court of Karnataka 1. STATE OF KARNATAKA
ATTIBELE POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
KARNATAKA
HIGH COURT BUILDING
BENGALURU - 560 001
2. XXXX
...RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1
SRI. LETHIF B., ADVOCATE FOR R-2)
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NC: 2024:KHC:48671
CRL.P No. 11908 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO
PASS AN ORDER ENLARGING THE PETITIONER ON BAIL IN
CR.NO.376/2024 REGISTERED BY THE RESPONDENT NO.1
POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION
351(1) OF THE BNS AND SECTIONS 8, 12 OF THE POCSO ACT
PENDING BEFORE THE HON'BLE ADDITIONAL DISTRICT AND
SESSIONS JUDGE FTSC-1, BENGLUARU RURAL DISTRICT,
BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.376/2024 registered by Attibele Police Station, Bengaluru District, for the offences punishable under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 & 12 of Protection of Children from sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.376/2024 was registered by Attibele Police Station, Bengaluru city, against the -3- NC: 2024:KHC:48671 CRL.P No. 11908 of 2024 petitioner herein, initially for the offences punishable under Section 351(1) of the BNS, 2023 and Sections 8 & 12 POCSO Act, 2012, on the basis of the first information dated 12.09.2024 received from respondent No.2 who is the brother of the victim girl, aged about 16 years. During the course of investigation of the case, the petitioner was arrested on 12.09.2024 and subsequently remanded to the judicial custody.
4. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.2165/2024 was rejected on 15.10.2024. Therefore, he is before this Court.
5. Learned Counsel for the petitioner submits that the petitioner is a youngster, aged about 21 years, having no criminal antecedents. Maximum punishment for alleged offences is imprisonment for a period of 5 years. Investigation of the case is already completed and charge is filed. Accordingly, he prays to allow the petition.
6. Per contra, Learned HCGP and learned counsel appearing for respondent No.2 have opposed the bail -4- NC: 2024:KHC:48671 CRL.P No. 11908 of 2024 petition, they submits that petitioner hails from Assam State, in the event he enlarged on bail, it is difficult to secure his presence. They also submit that chances of he threatening the prosecution witnesses cannot be ruled out. Accordingly they pray to dismiss the petition.
7. Perusal of the first information which has resulted in registering the FIR in crime No.376/2024 against the petitioner would reveal that the petitioner is working as a security guard in the apartment complex in which the first informant is residing with his family members. On 11.09.2024 at about 11.00 pm first informant's younger sister who is the victim in the present case allegedly informed her parents that the petitioner was pestering her to love him and he had earlier misbehaved with her and touched her inappropriately and also forcibly kissed her. It is in this back ground on 12.09.2024 first informant had approached the police. During the course of the investigation of the case, the petitioner was arrested and remanded to judicial custody.
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NC: 2024:KHC:48671 CRL.P No. 11908 of 2024
8. Investigation of the case is completed and charge sheet has been filed. Maximum punishment for the alleged offences is imprisonment for period of 5 years. The petitioner aged about 21 years, who has no other criminal antecedents, is in custody for the last more than 60 days. Considering the nature of allegation found against him and also since investigation of the case is already completed, I am of the opinion that, petitioner's prayer for grant of regular bail needs to be answered affirmatively, subject appropriate condition which can take care of apprehension expressed by the learned HCGP and leaned counsel appearing for respondent No.2.
9. Accordingly, the following:
ORDER The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in in Crime No.376/2024 registered by Attibele Police Station, Bengaluru District, for the offences punishable under -6- NC: 2024:KHC:48671 CRL.P No. 11908 of 2024 Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 & 12 of Protection of Children from sexual Offences Act, 2012), subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which, one surety shall be local surety, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
SD/-
(S VISHWAJITH SHETTY) JUDGE ASN List No.: 1 Sl No.: 48