Avinash H.V vs State Of Karnataka And Others

G. Narendar, J

(Through Video Conference)

Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader.

Petitioner is aged about 20 years and is arrayed as accused No.2 in Crime No.5/2020 of Kodagu Women Police Station.

The sum and substance of the allegation against the petitioner is that he accompanied one Priyesh and his girl friend one Sajna, who is said to be a

minor and hence the said Priyesh has been booked for the offences punishable under Section 363, 376(2)(1), 506, 114 of IPC and under Section 4, 12

and 17 of the POCSO Act.

Even as per the complaint and as per the investigation material the allegation against the petitioner is that he accompanied them in a Car and that

the accused No.1 and the victim girl are said to have stayed separately in a hotel room. There is no allegation against the instant petitioner that he

coerced the victim girl or he used force to take her away. The reading of the complaint reveals that the victim girl traveled to Madikeri and as she was

acquainted with the accused No.1 and that on invitation of the Accused No.1 to accompany him to Mysore to have the car of the petitioner repaired,

she is said to have accompanied him. That in Mysore, it is alleged against the first accused that he booked a room and he stayed in the room along

with the victim and during the course of the stay he sexually assaulted the victim.

No allegations of coercion, force or violence is alleged against the instant petitioner and keeping in view the age of the petitioner, this court is of the

opinion that the instant petition is liable to be succeed. Accordingly, the petition preferred under Section 439 of Cr.P.C. is allowed. The petitioner shall

be released on bail subject to the following conditions:-

i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- with one solvent surety for the likesum to the satisfaction of the Committal

Court / trial Court as the case may be.

ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

iii) The petitioner shall attend trial Court on all future hearing dates unless prevented by any genuine cause.

iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed

of.

The release order to be communicated to the jail authorities forthwith. The petitioner is granted four weeks time to comply with the conditions imposed

herein. In the event the petitioner fails to comply with the conditions imposed herein, the order granted today shall stand revoked automatically. The

Jail authorities shall release the accused forthwith notwithstanding non compliance of the conditions imposed.

In the event conditions are not complied within four weeks, the respondent police are at liberty to secure the accused/petitioner and seek for his

remand.

Petition stands ordered accordingly.