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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.8638 OF 2022
BETWEEN
VIJAYA VISHWAKARMA @ SHIVASHARMA
S/O SANJAY VISHVAKARMA
AGED 19 YEARS,
R/AT NO.9/A, DHARMANNA GARDEN,
CHAMUNDI NAGAR,
R.T.NAGAR POST,
BENGALURU-560032.
... PETITIONER
(BY SRI KUMARA K G, ADVOCATE)
AND
1 . STATE OF KARNATAKA
R T NAGAR POLICE STATION
BENGALURU-560032
(REPRESENTED BY LEARNED
SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA BUILDING
BENGLAURU-560 001)
2 . PARVEEN TAJ
W/O SHAMSHIR PASHA,
AGED 32 YEARS,
R/AT NO.415, 1ST CROSS,
THANDAVAPPA ROAD,
DHARMANNA GARDEN,
2
R.T.NAGAR,
BENGALURU CITY 560032.
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
R2 IS SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.845/2022
(CR.NO.30/2022) OF R.T.NAGAR P.S., BENGALURU CITY FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 8,12,14,15 OF
POCSO ACT AND SECTION 506 OF IPC AND SECTION 67B OF
I.T. ACT WHICH IS PENDING ON THE FILE OF THE HONBLE
FTSC-1 ADDL.CITY CIVIL COURT COMPLEX, BENGALURU CITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
This petition is filed by the petitioner-accused
under Section 439 of Cr.P.C., for granting regular bail
in
Spl.C.No.845/2022
with
respect
to
the
Crime.No.30/2022 registered by R.T.Nagar Police
Station, Bengaluru City for the offences punishable
under sections 8, 12, 14, 15 of Pocso Act and Section
506 of IPC and Section 67B of I.T. Act pending on the
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file of the FTSC-1 Additional City Civil Court Complex,
Bengaluru City.
2.
Heard the arguments of learned counsel for
petitioner and learned High Court Government Pleader
for respondent-State. Respondent No.2 is served and
unrepresented.
3. The case of the prosecution is that on the
complaint of respondent No.2 herein case came to be
filed on 04.02.2022 stating that the accused said to be
harassing victim girl the minor daughter of respondent
No.2 aged about 15 years by talking to her through
mobile phone and pressuring her to love him and also
doing video call to her. After registering of complaint
the police arrested this petitioner on 04.02.2022 and
he was remanded to judicial custody. Investigation
completed and charge sheet has been filed. The bail
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petition of this petitioner came to be rejected, hence
he is before this Court.
4. Upon hearing the arguments and perusal of
the records, ofcourse the allegation against this
petitioner that he was making phone calls and video
calls to the minor daughter of the complainant and the
alleged offence are under Section 14 of POCSO Act.
The learned counsel also submits the petitioner has
already filed complaint to the police against husband
of respondent No.2 and others and as a counter case
this case has been registered. Be as it may, the
investigation is already completed charge sheet has
been filed. The petitioner is in custody for almost 10
months.
Therefore,
considering
the
facts
and
circumstances of the cases, by imposing certain
conditions, if bail is granted no prejudice would cause
to the prosecution case. Hence, the following order:
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ORDER
The trial court is ordered to release the
petitioner on bail, in Spl.C.No.845/2022 with respect
to the Crime.No.30/2022 registered by R.T. Nagar
Police Station, Bengaluru City for the offences
punishable under sections 8, 12, 14, 15 of POCSO Act
and SECTION 506 of IPC and Section 67B of I.T. Act
pending on the file of the FTSC-1 Additional City Civil
Court Complex, Bengaluru City, subject to the
following conditions:-
(i)
Petitioner-accused shall execute a
personal
bond
for
a
sum
of
Rs.1,00,000/- (Rupees One Lakh
only) with a surety for the likesum to
the satisfaction of the trial Court;
(ii)
Petitioner shall not indulge in similar
offences strictly;
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(iii)
Petitioner shall not tamper with the
prosecution
witnesses
directly/
indirectly; and
(iv)
Petitioner
shall
not
leave
the
jurisdiction without prior permission
of the trial Court;
Sd/-
JUDGE
AKV
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