Samikannan vs State Of Karnataka on 2 June, 2015

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Karnataka High Court

Samikannan vs State Of Karnataka on 2 June, 2015

Bench: A.V. Chandrashekara

                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 2ND DAY OF JUNE 2015

                      BEFORE

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

         CRIMINAL PETITION No.2466/2015

BETWEEN

SAMIKANNAN,
S/O. LATE MANIKAYAM,
AGED ABOUT 56 YEARS,
R/AT NO.118, NEAR KRISHNA BAKERY,
SRIRAMNAGAR,
GARVEBAVI PALYA,
BANGALORE-560 068.
                                     ... PETITIONER
(BY SRI S. SHANKARAPPA, ADVOCATE)

AND

STATE OF KARNATAKA
BY MADIWALA POLICE STATION
BANGALORE-68
REP BY S.P.P.
HIGH COURT BUILDING,
BANGALORE-560 001.
                                    ... RESPONDENT
(BY SRI B.J. ESHWARAPPA, HCGP)
                              2




     THIS CRL.P. IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR. NO.430/2015
OF MADIVALA P.S., BENGALURU CITY, FOR THE OFFENCE
P/U/S 354 OF IPC AND SEC.8 OF POCSO ACT, 2012.

     THIS CRL.P. COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-

                         ORDER

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent - Police.

2. Petitioner is the sole accused in a case bearing Crime No.430/2015 on the file of Madiwala Police Station, Bengaluru City. He has been in judicial custody since 07.03.2015. He has undertaken to obey any conditions which may be imposed on him.

3. The allegation against him is that he forcibly kissed a girl aged about 14 years on 17.02.2015 and on 25.02.2015. He is stated to have misbehaved with her. 3 Ultimately, she escaped from his clutches and came out of the house. Offences alleged against him are punishable under Sections 354 of IPC and Section 8 of POCSO Act, 2012. The maximum punishment contemplated under Section 8 could extend up to five years with a minimum punishment of 3 years. Major portion of investigation has been completed. The petitioner is a permanent resident of Bengaluru City having roots in the community. Thus, the apprehension of the learned government pleader could be suitably met with by imposing proper conditions.

4. Thus, the petitioner is entitled to be released on bail. Hence the following:

ORDER

(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with a local surety, for the 4 likesum to the satisfaction of the concerned Court.

(ii) He shall not tamper or attempt to tamper any of the prosecution witnesses and lure them in any manner.

(iii) He shall not hold out any threats to the prosecution witnesses.

(iv) He shall not involve in any of the criminal activities.

(v) He shall attend the Respondent-Police Station on every Sunday between 9 a.m. & 5 p.m., without fail, from the date of his release till the disposal of the Sessions case registered against him by the Sessions Court.

(vi) It is made clear that if for any reason, any one of the above conditions is violated, it would enable the prosecution to seek cancellation of bail, from the Special Court.

Sd/-

JUDGE snc

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