Criminal appeal was filed by petitioner- accused for the enlargement on bail against the offence punishable under section 366A, 376(2)(n) of section 6 of POCSO ACT and section 9 of prohibition of child marriage act and bail was approved by the high court of Karnataka on certain grounds. This judgement is upheld by High court of Karnataka through the learned bench led by THE Honourable MR. JUSTICE K.NATARAJAN in the case of PARASURAMA P vs STATE OF KARNATAKA (CRIMINAL PETITION No.7571/2021) on 23rd December 2021.
Brief facts of the case are that the petition was filed by petitioner-accused under section 439 of CRPC , seeking for regular bail in crime which was registered by Santhebennur police station for the offence punishable under 354(A), 354(D), 509, 506 of IPC and Section 12 of protection of Children from Sexual Offences Act, 2012.
The case of the prosecution Is that on the Complaint of one Thimmesha K.S., the police registered a Case on 14.08.2021, wherein the complainant has alleged that he is the father of the minor victim girl, aged about 16 Years. On 13.08.2021, in the afternoon, the victim was Weeping in the house and when he enquired the victim, She revealed that during lockdown, when she had been to Her school and while returning home, the petitioner-Accused who is said to be the resident of same village, Used to follow her and pressurized her to love him as he Was loving her and he was insisting her to marry him. Inspite of refusal of the victim to love him, he was Continuously harassing her and following her, wherever She goes. After registering the case, the police arrested . The petitioner and he was remanded to judicial custody. The petitioner approached the Sessions Judge for bail, Which came to be rejected. Hence, he is before this Court.
After hearing heard the learned counsel for the Petitioner and the learned High Court Government Pleader, and on perusal of the records, of course, the petitioner was said to have harassing the victim insisting her to marry him. He was always following her demanding her to love him and also to marry him.. The petitioner-accused also Got the mobile number of the victim and through mobile Phone, he was said to have harassing the victim to love And marry him. The same was intimated by the victim to her father and hence, complaint was logged.
After hearing both the counsels and the records presented by the counsels, before the honourable court, the court came to the conclusion that the offence is though non bailable one but not punishable with Death or imprisonment for life. The accused is in custody for More than thee months. Investigation is completed and The charge sheet has been filed. Therefore, by imposing Certain conditions, if the petitioner is released on bail, no Prejudice would be caused to the case of prosecution. Hence, the High court directed the trail court to release the petitioner on bail, subject to the following conditions:-
Petitioner shall execute a personal bond For a sum of Rs.1,00,000/- with two Sureties for the likesum to the Satisfaction of the trial Court;Petitioner shall not indulge in similar Offences strictly;Petitioner shall not tamper with the Prosecution witnesses directly/Indirectly; and Petitioner shall not leave the jurisdiction Without prior permission of the trial Court.
Judgement Reviewed by Sugam Anand Mishra