Karnataka High Court
Balaraj @ Balu vs State Of Karnataka By on 15 September, 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15th DAY OF SEPTEMBER, 2018
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.5847/2018
BETWEEN:
Balaraj @ Balu,
S/o Venkataiah,
Aged about 23 years,
Residing at Ardhanahalli Village,
Hullahalli Hobli, Nanjangud Taluk,
Mysore District - 571 312. ...Petitioner
(By Sri. Santosh B, Advocate)
AND:
State of Karnataka by
Kaggalipura Police Station,
Bengaluru.
(Represented by State Public
Prosecutor) - 560 001. ... Respondent
(By Sri. M. Diwakar Maddur, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.212/2018 (Spl.C.C.No.349/2018) of
Kaggalipura Police Station, Ramanagara District for the
offence P/U/S 354A, 506, 511 363 of IPC and Sections
8 and 12 of POCSO, Act.
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This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail in Crime No.212/2018 registered by Kaggalipura Police Station (Spl. C.C. No.349/2018) for the offences punishable under Sections 354(A), 506, 511, 363 of IPC and also under Section 12 of POCSO Act, 2012.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The genesis of the complaint is that the complainant was studying in 10th Standard in Government Vidhya Kendra, Padmanabhanagar, Bengaluru. It is alleged that the accused was giving -3- mental torture to her everyday and he used to threaten her to kill by using knife. It is further alleged that on 24.04.2018 at about 8.30 a.m., when the complainant was going to school from Uttari village, the accused came on a motorbike, forcibly held her hands, dragged her and tried to kidnap her. When she shouted, one Venkatappa, Krishnappa and mother of the complainant, who were there, came and rescued her and the mother of the complainant took the bike key and mobile of the accused. On the basis of the complaint, a case was registered.
4. Learned counsel for the petitioner submitted that already the charge sheet has been filed. Though the alleged incident has taken place on 24.05.2018, a complaint came to be registered on 25.05.2018 i.e., after one day, after making the deliberation. He further submitted that the victim girl is major and the provision of POSCO Act, 2012 will not be attracted. Further, it is -4- submitted that the alleged offences are not punishable with death or imprisonment for life and the complaint itself clearly indicates that the victim has not been kidnapped from the place. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioner has committed a serious offence by holding the hands of the victim and tried to kidnap the minor girl. He further submitted that the mobile and key of the motorbike have been collected by the mother of the victim and the same has been seized by the police by drawing a mahazar and there are eye-witnesses to the alleged incident. If the accused petitioner is enlarged on bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
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6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
7. The complaint indicates that there is only one allegation that the accused petitioner tried to kidnap the victim and at that time there was screaming voice. At that time, Venkatappa, Krishnappa and her mother came to rescue her and the mother of the complainant took the bike key and mobile of the accused. By taking into consideration the contents of the complaint and the other materials, the alleged offences are not punishable with death or imprisonment for life and already the charge sheet has been filed against the accused petitioner. Under such circumstances, if the accused petitioner is enlarged on bail by imposing some stringent conditions, it would meet the ends of justice.
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8. Keeping in view the above said facts and circumstances, petition is allowed and the petitioner/accused is enlarged on bail in Crime No.212/2018 registered by Kaggalipura Police Station (Spl. C.C. No.349/2018) for the offences punishable under Sections 354(A), 506, 511, 363 of IPC and also under Section 12 of POCSO Act, 2012subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
3. He should not leave the jurisdiction of the Court without prior permission.-7-
4. He should not indulge in similar type of criminal activities.
Sd/-
JUDGE VBS