At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE M.I. ARUN
For the Petitioner: Liyaqat Fareed, Advocate. For the Respondents: K.S. Abhijith, HCGP.
(Prayer: This Criminal Petition is filed Under Section 439 of Cr.P.C. praying to release the petitioner on Bail in Crime No.76/2019 of Yadrami, Police Station, District Kalaburagi, for the offences punishable under Section 376(2)(I)(N) and 450 of IPC and Under Section 12, 4 and 6 of POCSO Act 2012 pending before the II Addl. District and Sessions Judge, Kalaburagi.)
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1. This Criminal petition is filed under Section 439 of Cr.P.C. The petitioner is arrayed as accused No.1 in Crime No.76/2019 for grant of regular bail on the file of Yadarmi police station. He has been accused for the offences committed under Sections 376 (2) (i) (n) and 450 of IPC and Sections 12, 4 and 6 of POCSO Act, 2012.
2. The brief facts of the case are that the accused is a known person to the victim. He used to visit her house regularly. The parents of the victim also intended to get the victim married to the accused. The victim is a minor girl. Taking advantage of the situation, the accused had sexual intercourse with the victim which amounts to an offence under Sections 376 (2) (i) (n) and 450 of IPC and Sections 12, 4 and 6 of POCSO Act, 2012. However, it is noticed that the victim has given a statement on 12.07.2019 before the Civil Judge and JMFC, Jewargi, wherein, she has stated that the accused used to come to her house and romance with her and in the process he touched her various body parts and slept over her but nothing else has happened.
3. Heard learned counsel for petitioner and learned HCGP for respondent-State.
4. In the instant case the investigation has been completed and the charge sheet has already been filed.
5. This Court is of the opinion that the apprehension of learned HCGP can be satisfied if the bail is granted subject to certain stringent conditions. Accordingly, the following:-
This criminal petition is allowed.
i) Petitioner/accused No.1 is ordered to be enlarged on bail on furnishing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum to the satisfaction of the jurisdict
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ional Court. ii) He shall appear before the Court as and when required. iii) He shall not threaten or allure the prosecution witnesses in whatsoever manner. iv) He shall not get involved in similar offences.