Karnataka High CourtMr Rakesh vs State By Chikkaballapura Town
... on 26 March, 2015Author: A.V.Chandrashekara 1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 26th day of March, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.V. CHANDRASHEKARA
Criminal Petition No.1436/2015
BETWEEN
MR. RAKESHAGED ABOUT 22 YEARSS/O RAMAMURTHYR/A. GEREHALLI
VILLAGEKASABA HOBLICHIKKABALLAPURA TALUKCHIKKABALLAPURA DISTPIN-562
208 ... PETITIONER
(By Sri ARAVIND REDDY H, ADV.,)
AND
STATE BYCHIKKABALLAPURA TOWN POLICECHIKKABALLAPURA DISTPIN-562
101 ... RESPONDENT
(By Sri B.J. ESHWARAPPA, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C BY THEADVOCATE FOR THE
PETITIONER PRAYING TO ENLARGETHE PETITIONER ON BAIL IN
CR.NO.13/2015 OFCHICKBALLAPURA TOWN P.S., CHICKBALLAPURA FOR THE
2
OFFENCE P/U/S 354A R/W 34 OF IPC AND U/Ss.11 AND 12OF PROTECTION
OF CHILDREN FROM SEXUAL OFFENCESACT, 2012. THE ADDL. DIST. AND
S.J., CHICKBALLAPURHAS REJECTED THE BAIL PETITION ON 28.2.2015
INCR.NO.13/2015.
Mr Rakesh vs State By Chikkaballapura Town ... on 26 March,
2015
Indian Kanoon - http://indiankanoon.org/doc/116831552/ 1
THIS CRIMINAL PETITION COMING ON FOR ORDERS,THIS DAY, THE COURT
MADE THE FOLLOWING:-
ORDER
Heard the learned Counsel for the petitioner and the learned
HCGP for the Respondent/State.
2. This petitioner is accused No.2 in Crime No.13/2015 on the
file of Chickballapura Town PoliceStation. The offences alleged
against this petitioner and others is punishable under Section
354(A)of I.P.C read with Section 34 of IPC and Sections 11 and 12
of the POCSO Act, 2012.
3. The allegation against all the accused is that he sexually
assaulted the victim is a minor girl, agedabout 15 years by name
'V' (name not mentioned) on 27.1.2015 near the bus stand.
4. Learned Government Pleader has vehemently opposed the bail
application on the ground that aprima - facie case is forthcoming
in regard to the offences alleged against this petitioner. Any
how,charge sheet has been filed after concluding the investigation.
Maximum punishment contemplatedfor the offence under Section 12 of
the POCSO Act, 2012 could extend to 3 years with fine.
5. The petitioner is a permanent resident of village in
Chikkaballapura Taluk having roots in thecommunity. He has
undertaken to obey any conditions imposed on him. Thus, the
apprehension ofthe learned Government Pleader could be suitably met
with by imposing certain conditions.
6. In this view of the matter, petition is allowed and bail is
granted to the petitioner, subject to thefollowing conditions:-
(i) Petitioner shall be released on bail on his executing
personal bond for a sum ofRs.75,000/- (Rupees Seventy five thousand
only) with two sureties, for the likesumto the satisfaction of the
concerned Court.
(ii) Petitioner shall not tamper or attempt to tamper any of
theprosecution witnesses.
(iii) Petitioner shall not hold out threats to the prosecution
witnessesin any manner.
(iv) Petitioner shall not involve himself in any criminal
activities.
(v) Petitioner shall attend the respondent-
Police Station once in a month on every second Sunday between 9
a.m.and 5 p.m. without fail for a period of one year from the date
of hisrelease from the prison.
Sd/-
Mr Rakesh vs State By Chikkaballapura Town ... on 26 March,
2015
Indian Kanoon - http://indiankanoon.org/doc/116831552/ 2
