Karnataka High Court
Abdul Tadkod vs State Of Karnataka on 23 June, 2017
Author: R.B Budihal
Bench: R.B Budihal.
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JUNE 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.101207/2017
BETWEEN:
ABDUL TADKOD
S/O FAYAZ AHMED
AGE:20 YEARS, OCC:STUDENT
R/O:OLD HUBBALLI
LIBERTY APPARTMENT
NO.103, KARWAR ROAD,
HUBBALLI,
DHARWAD DIST.
...PETITIONER
(BY SRI.R M JAVED, ADV.)
AND
STATE OF KARNATAKA
THROUGH KESHWAPUR P.S
HUBBALLI
REP BY SPP., HIGH COURT
DHARWAD
... RESPONDENT
(BY SRI PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER
(ACCUSED NO.1) ON BAIL IN CONNECTION WITH
KESHWAR P.S. HUBBALLI, CRIME NO.9/2017 (NOW SPL
S.C.NO.10/2017) FOR THE ALLEGED OFFENCES
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PUNISHABLE UNDER SECTION 323, 504, 354A, 354C,
354D, 376, 201 R/W 34 OF INDIAN PENAL CODE AND
SEC.4, 8 AND 12 OF PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT, MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 147, 323, 504, 354A, 354C, 354D, 376 read with Section 149 of IPC and Sections 4, 8 and 12 of Protection Of Children From Sexual Offences Act, 2012, registered in respondent-Police Station Crime No.9/2017.
After completion of investigation, charge sheet has been filed for the offence punishable under Sections 323, 504, 354A, 354C, 354D, 376, 201 read with 34 of Indian Penal Code and Sections 4, 8 and 12 of Protection Of Children From Sexual Offences Act, 2012 :3:
2. Brief facts of the prosecution case are that the victim girl was going to Tuition classes, so also, the petitioner herein, therefore, there was acquaintance in between them since from 2015. The further allegations in the complaint that the petitioner has taken some photographs of the petitioner and himself and they are obscene photographs and threatening that she has to go with him for physical contact, otherwise he will put the said photographs in the internet and website. Therefore, the father of the victim girl mentioned in the complaint that his daughter appears to be very dull and she was picking up quarrel unnecessarily, she was not having meals properly and whenever family members were asking, suddenly she use to go out of the house. Thereafter, when they contacted one medical expert to know about the problems of his daughter, they came to know that because of the petitioner, his daughter was not behaving properly, then, he called the petitioner and advised him not to do so, and even they have got the :4: mobile phone of the petitioner and deleted all those obscene photographs from the mobile. Thereafter, she was alright. The further allegations are that the present petitioner did not come back to take back his mobile phone and again he was threatening that there are some other photographs with him and the letters addressed by the victim girl to him and he will put those things in the website. Subsequently, the petitioner picked up quarrel with the Driver of the complainant and he has assaulted and told that he can forgo the mobile, but he will not leave the victim girl. On the basis of the said complaint, case came to be registered against the petitioner for the alleged offence.
3. Heard the arguments of the learned counsel appearing for the petitioner-accused No.1 and also the learned HCGP appearing for the respondent-State. :5:
4. I have perused the grounds urged in the bail petition, FIR, complaint, charge sheet material and other materials produced along with the petition.
5. Looking to the materials placed on record, the alleged incident said to have taken place in the year 2015 i.e., two years prior to the registration of this complaint. During investigation, the victim girl gave her statement before the JMFC Court under Section 164 of Cr.P.C. apart from giving her statement before the Police. It is no doubt true, in her statement given before the Police under Section 161 of Cr.P.C. she has alleged that once the accused took her to the room in the apartment and he committed sexual intercourse on her. But in her statement before the JMFC Court, she has not stated anything about the said sexual intercourse, but she has stated altogether a different story i.e., the accused picked up quarrel with her on the ground that why she was talking very close to one Rajath. So this :6: aspect is not at all the case as pleaded by the complainant in his complaint. The petitioner contended that he never committed the alleged offence under Section 376 of IPC or any other offence and he has been falsely implicated in the case and he has also undertaken to abide by any conditions to be imposed by this Court. Now the investigation of the case is also completed and charge sheet has been filed. Hence, I am of the opinion that petitioner can be released on bail by imposing reasonable conditions.
6. Accordingly, petition is allowed. The petitioner is ordered to be released on bail in connection with Crime No.9/2017 registered by the respondent Police for the above said offences, subject to following conditions:
i. Petitioner has to execute personal bond for a sum of Rs.1,00,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.:7:
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE BSR