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Mr Rakesh vs State By Chikkaballapura Town ...

on 26 March, 2015

Karnataka High Court


Mr Rakesh vs State By Chikkaballapura Town ... on 26 March, 2015
Author: 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. RAKESH
AGED ABOUT 22 YEARS
S/O RAMAMURTHY
R/A. GEREHALLI VILLAGE
KASABA HOBLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DIST
PIN-562 208

... PETITIONER

(By Sri ARAVIND REDDY H, ADV.,)


AND
STATE BY
CHIKKABALLAPURA TOWN POLICE
CHIKKABALLAPURA DIST
PIN-562 101

... RESPONDENT

(By Sri B.J. ESHWARAPPA, HCGP)


THIS CRL.P FILED U/S.439 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN CR.NO.13/2015 OF
CHICKBALLAPURA TOWN P.S., CHICKBALLAPURA FOR THE
2

OFFENCE P/U/S
OF PROTECTION
ACT, 2012. THE
HAS REJECTED
CR.NO.13/2015.

354A R/W 34 OF IPC AND U/Ss.11 AND 12


OF CHILDREN FROM SEXUAL OFFENCES
ADDL. DIST. AND S.J., CHICKBALLAPUR
THE BAIL PETITION ON 28.2.2015 IN

Indian Kanoon - http://indiankanoon.org/doc/116831552/

Mr Rakesh vs State By Chikkaballapura Town ... on 26 March, 2015

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 Police
Station. 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, aged
about 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 a
prima - 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 contemplated
for 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 the
community. He has undertaken to obey any conditions imposed on him. Thus, the apprehension of
the 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 the
following conditions:(i) Petitioner shall be released on bail on his executing personal bond for a sum of
Rs.75,000/- (Rupees Seventy five thousand only) with two sureties, for the likesum
to the satisfaction of the concerned Court.
(ii) Petitioner shall not tamper or attempt to tamper any of the
prosecution witnesses.
(iii) Petitioner shall not hold out threats to the prosecution witnesses
in any manner.
(iv) Petitioner shall not involve himself in any criminal activities.
(v) Petitioner shall attend the respondentPolice 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 his
release from the prison.
Sd/Indian Kanoon - http://indiankanoon.org/doc/116831552/

Mr Rakesh vs State By Chikkaballapura Town ... on 26 March, 2015

JUDGE cp*

Indian Kanoon - http://indiankanoon.org/doc/116831552/