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1

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

4

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:

5

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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