Keshava vs The State Of Karnataka By on 21 March, 2017

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Karnataka High Court

Keshava vs The State Of Karnataka By on 21 March, 2017

Bench: P.S.Dinesh Kumar

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 21ST DAY OF MARCH, 2017

                       BEFORE

       THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR

           CRIMINAL PETITION NO.320/2017

BETWEEN:

KESHAVA
S/O KRISHNA REDDY
AGED ABOUT 21 YEARS
RESIDING AT GONDIPALLU VILLAGE
PATHAPALYA HOBLI
BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT
PIN - 572 125.
                                       ... PETITIONER
(BY SRI.BYRA REDDY G.S, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY
PATHAPALYA POLICE
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
                                ...RESPONDENT
(BY SRI S.VISHWA MURTHY, HCGP)


     THIS CRL. PETITION IS FILED UNDER SECTION 439
OF Cr.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL    IN    CR.NO.64/2016(SPL.S.C.NO.70/2016    OF
PATAPALYA POLICE STATION, CHIKKABALLAPURA FOR
THE OFFENCE P/U/S 366(A), 506, 376 AND 212 R/W 34 OF
IPC AND SECTION 4 AND 6 OF POCSO ACT.
                                 2



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

                          :O R D E R:

This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioner on bail in Crime No.64/2016 registered by Patapalya Police Station for the offences punishable under Sections 366(A) read with Section 34 of IPC.

2. Shri Byra Reddy G.S., learned Counsel for the petitioner submits that a false case has been registered against the petitioner alleging the aforementioned offences. Police after investigation have filed charge sheet for offence punishable under Sections 366(A), 506, 376, 212 read with Section 34 of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012. The charge sheet allegations show that petitioner had promised to marry the victim. He kidnapped her in a two wheeler by force and took her to a Temple. Later, he took her to his room and committed the offence. 3

3. Petition is opposed by the learned HCGP. He has placed for perusal of this Court the statement of the victim recorded under Section 164 Cr.P.C., wherein, she has stated that petitioner took her to a village where they stayed for one night, subsequently, they stayed in their friends house.

4. I have carefully considered the submissions of the learned Counsel for the petitioner, learned HCGP & perused the material papers.

5. The statement, as also, the charge sheet are bereft of any specific details of the crime. In the statement under Section 161 Cr.P.C. also she has stated that petitioner and victim were in love. In the circumstances, without expressing any opinion on merits, in my view, petition deserves to be allowed. Accordingly, it is directed that:

(i) Petitioner shall be released on bail in Crime No.64/2016 registered by Patapalya Police Station, upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like 4 sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;

(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;

(iv) Petitioner shall not involve himself in any criminal activities; and

(v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.

Petition allowed.

Sd/-

JUDGE BSR

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