Karnataka High Court
Veerabhadraiah vs State By Women Police Station on 10 April, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL 2018
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.2167 OF 2018
BETWEEN
Veerabhadraiah
S/o. Sadashivaiah Hiremath,
Aged about 19 years,
R/o. Near Anjaneya Temple,
Devaraj Nagara Quarters,
Davangere City,
Davangere District-577535.
...Petitioner
(By Sri. C.Gopalakrishna Murthy, Advocate)
AND
State by Women Police Station,
Davangere
R/b its SPP, High Court of Karnataka
Bengaluru-560001.
...Respondent
(By Sri. K.Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the petitioner
on bail in Crime No.150/2017 of Women Police Station,
Davanagere District for the offence Punishable under
Section 376 of IPC and Section 4 of Protection of Children
from Sexual Offences Act.
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This Criminal Petition coming on for orders this day,
the court made the following:
ORDER
This is a petition under Section 439 Cr.P.C. The respondent police registered a complaint against the petitioner for the offences punishable under Section 376 IPC and Section 4 of the POCSO Act.
2. Heard the petitioner's counsel and the High Court Government Pleader.
3. The complaint was made by the mother of the victim girl on 5.10.2017. It shows that the victim girl had gone to the temple on 5.10.2017. The petitioner is a priest in the temple. He took the victim girl to a room in the temple and committed sexual assault on the girl. The medical reports shows the presence of a bruise over the inner side of external genitalia and a mild swelling on vulva majora. The victim girl also made a statement before the police and the Magistrate. These two statements also 3 disclose sexual assault by the petitioner on the victim girl, whose age is six years. These materials are sufficient to hold that there is prima facie case against the petitioner. But having regard to the fact that the petitioner is a boy of 19 years and that the charge sheet is filed, and also that his presence can be secured before the court for the purpose of trial, the petitioner can be admitted to bail by subjecting him to stringent conditions. Hence the following:
ORDER a. Petition is allowed.
b. Petitioner shall be released on bail in connection with Crime No.150/2017 registered by Women Police Station, Davanagere District on his executing bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) and providing two sureties for the likesum to the satisfaction of the trial Court.
The petitioner is also subjected to the following conditions:
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i. He shall not tamper with evidence;
ii. He shall not directly or indirectly threaten the witnesses;
iii. He shall appear before the Court regularly till completion of trial.
Sd/-
JUDGE sd