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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF FEBRUARY, 2018

BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION No.546/2018

Between:

Mr. Sharath
S/o Aswathappa,
Aged about 21 years,
Res. C/o Mohan,
Veerappa Reddy Layout,
Parappana Agrahara,
Bengaluru- 560 100.
…Petitioner
(By Sri Gopi K. J., Advocate)

And

State of Karnataka by
Parappana Agrahara Police,
Rep. By Public Prosecutor,
High Courts Complex,
Bengaluru- 560 001.
...Respondent
(By Sri Chethan Desai, HCGP)

This criminal petition is filed under section 439

Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.507/2017 of Parappana Agrahara Police Station,
Bengaluru for the offence p/u/s 366A, 376 of IPC and
Section 4 and 6 of POCSO Act.
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This Criminal Petition coming on for orders this

day, the court made the following:

ORDER

This petition is filed by the petitioner/accused

No.2 under Section 439 of Cr.P.C., seeking his release

on bail for the offence punishable under Section 363 of

IPC, registered in respondent–police station in Crime

No.507/2017 and subsequently, after return of victim

girl and recording her statement, the other offences

punishable under Sections 366(A), 376 of IPC and also

Section 4 and 6 of POCSO Act, 2012 and Section 9 of

Prohibition of Child Marriage Act, also came to be

inserted in the said case.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused No.2 and also the

learned High Court Government Pleader appearing for

the respondent-State.
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3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

4. Firstly, the father of the victim girl has

lodged the complaint dated 09.11.2017 wherein he has

stated that his daughter aged about 16 years, who was

studying in SFS College at 1st year HEBE combination.

On 08.11.2017 at about 5.15 p.m., she went stating

that she will go to the college and came back at about

5.15 p.m., and she went to the house of Smt. Gowri

which is in the ground floor at about 8.45 p.m, but she

did not return back to the house. They went to the

house of Gowri and made enquiry about the daughter of

the complainant and she was not there. They made

search at all the places, even then she was not traced.

Subsequently, the statement of the victim girl came to

be recorded and allegations are made against the

accused No.1 for the alleged offences.

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5. So far as accused No.2/present petitioner is

concerned, the allegation is that he assisted the accused

No.1 in driving the car belonging to the accused No.1

and at a particular place, he left the car and went away.

Except, this there is no specific allegations in respect of

present petitioner. Therefore, regarding the alleged

offence punishable under Section 376 of IPC and also

Section 4 and 6 of the POCSO Act is concerned, there

are no allegations of the involvement of the present

petitioner. Those allegations are against the accused

No.1. The petitioner has denied the allegations made in

the petition contending that there is false implication of

the petitioner, he never involved in committing such

offences, he has under taken that he is ready to abide

by any reasonable conditions to be imposed by this

Court. Considering the materials placed on record, I am

of the opinion that, it is a fit case to exercise the

discretion in favour of the petitioner/accused No.2.

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6. Accordingly, petition is allowed. Petitioner/

accused No.2 is ordered to be released on bail for the

offences punishable under Sections 363, 366(A), 376 of

IPC and also Section 4 and 6 of POCSO Act, 2012 and

Section 9 of Prohibition of Child Marriage Act, registered

in respondent–police station in Crime No.507/2017,

subject to the following conditions:

i. Petitioner shall execute a personal

bond for Rs.50,000/- and shall furnish
one surety for the likesum to the
satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of

the prosecution witnesses, directly or
indirectly.

iii. Petitioner shall appear before the

concerned Court regularly.

Sd/-
JUDGE

DL