Prashanth Saha vs The State Of Karnataka on 25 August, 2015

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Karnataka High Court

Prashanth Saha vs The State Of Karnataka on 25 August, 2015

Bench: L.Narayana Swamy

                               1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25th DAY OF AUGUST, 2015

                       BEFORE

      THE HON'BLE Mr. JUSTICE L.NARAYANA SWAMY

           CRIMINAL PETITION NO.4229/2015

BETWEEN:

PRASHANTH SAHA
S/O BABU
AGED ABOUT 24 YEARS
C/O PRAKRUTHI HOTEL
CHAPPARADAKALLU ROAD
DEVANAHALLI (T)
BANGALORE
PIN - 562 110
                                        ...PETITIONER
[BY SRI. JAGADEESHA H, ADV.)

AND

THE STATE OF KARNATAKA
CHICKJALA POLICE STATION
BANGALORE
REPRESENTED BY ITS
PUBLIC PROSECUTOR
BANGALORE
PIN - 562 110

REPRESENTED BY THEIR
STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE - 560 001
                                      ...RESPONDENT
[BY SRI K NAGESHWARAPPA, HCGP)
                                 2



                           *****
     THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF Cr.P.C BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONERS ON BAIL, IN CR. NO. 39/2015 OF
CHIKKAJALA P.S., BENGALURU CITY., FOR THE OFFENCE
P/U/S 363, 376, 511 IPC AND U/S 5(M) R/W 6 POCSO ACT.

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT PASSED THE FOLLOWING:

                         ORDER

Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the application filed under Section 439, Cr.P.C.

2. Petitioner is accused in a criminal case registered in Crime No.39/2015 on the file of Chikkajala Police Station for the offences punishable under Sections 376, 363, 511 of IPC and Section 5(M) R/W 6 of Protection of Children from Sexual Offences Act, 2012. He is in judicial custody from the date of his arrest. Hence he has filed this petition under Section 439 of Cr.P.C seeking his release.

3. Learned Government Pleader has vehemently opposed the bail application on the ground that this petitioner has committed rape on the girl child who is aged about 8 years, which is very serious and heinous offence. Hence, he requested this court to dismiss the bail application as there is prima facie case against the present petitioner.

4. It is submitted by the learned counsel for the petitioner that complaint is lodged against the unknown person and he has been falsely implicated in the case when the petitioner along with other 4 persons was going on the road, at that time police, stopped and asked the victim-girl to identify the accused. Victim girl has shown one person and the police registered the case against the petitioner and further submits that on investigation and in the charge sheet it is found that the petitioner has not committed the rape on the victim girl and medical evidence is not corroborating with the prosecution case against this 4 petitioner. Hence, he requested this Court to enlarge the petitioner on bail.

5. Now that the investigation is completed and charge sheet is filed. The petitioner is a resident of Devanahalli Taluk, Bengaluru having deep roots in the society and also has undertaken to obey any condition that may be imposed. In the circumstances, I am of the opinion that by imposing proper conditions petitioner may be enlarged on bail.

ORDER Accordingly, the petition under Section 439 of Cr.P.C. is allowed and the petitioner is granted bail in Crime No. 39/2015 of respondent police, subject to the following conditions:

1) He shall execute a bond for a sum of Rs.75,000/- with one solvent surety for the like sum to the satisfaction of the jurisdictional court;

2) He shall not hold out threats to prosecution witnesses or tamper with evidence;

3) He shall attend the court on all dates of hearing, except under unavoidable circumstances;

If he violates any of the above conditions, prosecution will be at liberty to seek cancellation of bail.

Sd/-

JUDGE HR

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