Karnataka High Court
Khajahuseni @ Kahajamainuddin vs The State Of Karnataka on 15 March, 2019
Author: K.Somashekar
Bench: K. Somashekar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF MARCH 2019
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRIMINAL PETITION No.200314/2019
Between:
Khajahuseni @
Kahajamainuddin S/o Alisab
Age: 30 years, Occ: Agriculture
R/o Gobbura (B) Village
Tq. Afzalpur
Dist. Kalaburagi-585 301
... Petitioner
(By Sri Rajesh G. Doddamani, Advocate)
And:
The State of Karnataka
Through Deval Ghanagapur
Police Station, now represented
by the Additional State Public
Prosecutor, High Court of Karnataka
Kalaburagi Bench-585 105
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail in Crime
No.149/2018 of Deval Ghanagapur Police Station, District
2
Kalaburagi, for the offences punishable under Sections 341,
354(A) and (B) of IPC and under Sections 8 and 12 of the
POCSO Act pending before II-Additional District and
Sessions Judge, Kalaburagi.
This petition coming on for Orders this day, the Court
made the following:
ORDER
This criminal petition is filed under Section 439 of Cr.P.C., seeking to grant regular bail to the petitioner in Crime No.149/2018 of Devalaganagapur Police Station, for the alleged offences punishable under Sections 341, 354(A) and (B) of IPC besides Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').
2. Factual matrix of the petition are as under:
On perusal of the materials on record, it is seen that the complainant-victim girl lodged a complaint alleging that she is studying in second year PUC in Government PU College at Gobbur (B) village and she is 3 residing with her parents. When she used to go to college, the petitioner was teasing her, her parents advised him not to do such act. On 22.12.2018, when she had gone to her senior aunt's house to take food to her senior uncle and when she was returning to her house and while she was in-front of the house of Mohammed Dange, at about 9.30 p.m., the accused/petitioner wrongfully restrained her holding her hands, gave a kiss and hugged her and fondled on her person. When she started screaming, her mother Shainaz Begum came out from the house and on seeing her mother, the petitioner took heel from the said place. In pursuance of the act of the petitioner/accused, complaint came to be filed. On filing of the complaint before the respondent-Police, a case came to be registered for the aforesaid offences and proceeded for investigation of the case.4
3. I have heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for respondent and perused the records of the case.
4. Learned counsel appearing for the petitioner during the course of arguments has contended that the petitioner was arrested for the alleged offences that the petitioner has outraged the modesty of a girl. But the said fact has not been revealed in the complaint as well as in the FIR registered by the police. The complainant has turned hostile to the version of the prosecution. Therefore, no purpose would be served if the petitioner is kept behind the bar. This fact has to be considered apart from the other grounds urged in the petition. It is also contended that the petitioner hails from a respectable family and having respect in the eye of society and moreover, the petitioner is ready to abide by any conditions to be imposed by this Court while 5 granting him bail. On these grounds, the learned counsel for the petitioner prays for enlarging the petitioner on bail.
5. Per contra, the learned High Court Government Pleader for the respondent-State submitted that On 22.12.2018, when she had gone to her senior aunt's house to take food to her senior uncle and when she was returning to her house and while she was in- front of the house of Mohammed Dange, at about 9.30 p.m., the accused/petitioner wrongfully restrained her holding her hands, gave a kiss and hugged her and fondled on her person. The petitioner has involved in an heinous offence. Therefore, if the petitioner is released on bail there will be an adverse impact on the society. On these grounds, the learned High Court Government Pleader is seeking for dismissal of the bail petition.
6. Having regard to the contentions of the learned counsel for the petitioner and the learned High 6 Court Government Pleader for the State are concerned, it is relevant to state that the complainant/victim girl is a college going student studying in second year PUC in Government PU College at Gabbur (B) village. On 22.12.2018, when she had gone to her senior aunt's house to take food to her senior uncle and when she was returning to her house and while she was in-front of the house of Mohammed Dange, at about 9.30 p.m., the accused/petitioner wrongfully restrained her holding her hands, gave a kiss and hugged her and fondled on her person. The same is reflected in the complaint as well as in the materials which are collected by the Investigating Officer during the course of investigation. The chargesheet has already been laid and the petitioner is required to face trial for the offences punishable under Sections 8 and 12 of the POCSO Act besides Sections 354(A) & (B) and 341 of IPC. Therefore, it is said that, if the petitioner is supposed to be released on bail, certainly, he would 7 come in the way of prosecution case and destroy the evidence and the same cannot be ruled out. Keeping in view the involvement of the accused in the serious offences, it is said that the petitioner is not deserving for bail. Accordingly, I proceed to pass the following:
ORDER Bail petition filed by the petitioner under Section 439 of Cr.P.C., is hereby rejected.
SD/-
JUDGE NB*