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IN THE HIGH COURT OF KARNATAKA
V Srishananda, J.
Sunil B N – Appellant
Versus
State By Beluru Police Station, Hassan District Reptd By Spp High Court Of Karnataka At Bangalore, Pin Code-560001 & Ors. – Respondents
Criminal Petition No. 710 of 2023
Decided On : 05-04-2023
Bail - Offence under Sections 354 and 341 IPC and Sections 10 and 12 of POSCO Act - Enlargement of petitioner on regular bail granted with stringent conditions
Fact of the Case:
The victim girl was allegedly assaulted by the petitioner, leading to the registration of a case under Sections 354 and 341 IPC and Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The petitioner was arrested and sent to judicial custody.
Finding of the Court:
The court found that the investigation was completed, and a charge sheet was filed. Considering the gravity of the alleged offence, the court decided that the petitioner's continuation in judicial custody was no longer warranted and granted bail with stringent conditions.
Issues: Enlargement of petitioner on regular bail, gravity of the alleged offence, completion of investigation, and imposition of stringent conditions
Ratio Decidendi: The court considered the completion of the investigation, filing of the charge sheet, and the gravity of the alleged offence in deciding to grant bail with stringent conditions to the petitioner.
Final Decision: The criminal petition was allowed, and the accused/petitioner was enlarged on bail with stringent conditions, including a bond amount, prohibition from repeating the offence, non-tampering with prosecution witnesses, regular court attendance, and restriction from leaving the jurisdiction without prior permission.
JUDGMENT/ORDER
V Srishananda, J. - Heard Sri Suyog Herele E, learned counsel for the accused/petitioner and Sri V.S. Vinayaka, learned High Court Government Pleader for the respondent - State. Perused the records.
2. This Petition is filed under Section 439 Cr.P.C., with the following prayer:
'WHEREFORE the petitioner above named most humbly prays that this Hon'ble court may be pleased to enlarge the petitioner on regular bail in Cr.No.227/2022 pending on the file of Belur Police Station (on the file of The Learned Addl District & Sessions Judge, FTC-1 at Hassan) for the offence under sections 354, 341, IPC and section 10 and 12 of POSCO Act, in the interest of justice.'
3. Brief facts of the case are as under:
Upon a complaint lodged by the mother of the victim girl, Belur Police registered a case in Crime No.227/2022 on 9.12.2022 for the offence punishable under Sections 354 and 341 IPC and Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, for short).
4. The gist of the complaint averments reveal that on 8.12.2022, the victim girl after finishing her college, returned home and in order to procure water from the bore well, she took two pots and after collecting water, she was carrying one on the trunk region and one on the head and at that juncture, the complainant heard a loud hue and cry. Immediately, she rushed to the spot and found that on the lower lip of the victim girl, there was a blood injury.
5. On enquiry, she revealed that the accused/petitioner held the victim girl tightly and beaten her lower lip and ran away. Police after registering the case, thoroughly investigated the matter and filed charge sheet for the aforesaid offences. The accused was arrested during the course of investigation and sent him to judicial custody.
6. Taking note of the fact that the investigation Is completed and charge sheet is filed and also having regard to the gravity of th e offence alleged against the petitioner, this court is of the considered opinion that continuation of the present petitioner in judicial custody is no longer warranted.
7. Further, the apprehension of the prosecution can be met with by imposing suitable and stringent conditions. Accordingly, pass the following order:
ORDER
The Criminal petition is allowed subject to the following conditions:
(1) The accused/petitioner shall be enlarged on bail on executing a bond in a sum of Rs.1,00,000/-(Rupees One Lakh) only with two sureties for the likesum to the satisfaction of the Trial Court.
(2) The accused/petitioner shall not repeat the similar offence.
(3) The accused/petitioner shall not tamper with the prosecution witnesses.
(4) The accused/petitioner shall attend the court regularly and
(5) The accused/petitioner shall not leave the jurisdiction of Hassan District without prior permission.
Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Regular bail will not be granted when the trial has already concluded and the case is pending at the stage of final arguments.
The central legal point established in the judgment is that the lack of evidence from the victim girl to support the charges influenced the court's decision to grant bail to the accused.
The court considered the lack of evidence and the victim's hostile testimony in allowing the bail petition.
The court considered the maximum punishment, completion of investigation, and the need for trial in granting bail to the petitioner.
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