Joel Abraham D.V. @ JOEL vs State Of Karnataka

K. Natarajan, J

This petition is filed by the accused under Section 439 of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’) for granting regular

bail in Crime No.69 of 2021 registered by Banaswadi Police Station, Bengaluru, for the offences punishable under Sections 8 and 12 of the Protection

of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’) and under Section 363 of the Indian Penal Code, 1860 (for short,

‘the IPC’).

Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

The case of the prosecution is that, on 20-2-2021, the victim girl lodged a complaint to the Police alleging that she came in contact with the

petitioner and became friends. On 29-12-2020 at about 3:00 p.m., the petitioner took the victim to Hotel Nandana Palace near Kammanahalli and

booked one room for celebrating her birthday, at that time, the petitioner hugged and kisser her. Again on 17-2-2021 about 4:00 p.m., the petitioner

took the victim girl to same Hotel on the occasion of his birthday celebration and after celebration, the petitioner hugged and kissed her. Therefore, the

victim lodged a complaint for sexually assaulting her. After registering the case, the Police arrested the petitioner on 21-2-2021 and filed charge-sheet.

The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.

Learned counsel for the petitioner has contended that, the petitioner is innocent of the offences alleged and he has been falsely implicated. The

victim has lodged the complaint at the instance of her parents. The petitioner is ready to abide by any of the conditions that may be imposed by the

Court. Hence, he prayed for allowing the petition.

Per contra, the learned High Court Government Pleader has objected the bail petition.

Upon considering the arguments and perusal of the record, the victim girl herself went to the Hotel with the petitioner to celebrate her birthday as

well as the petitioner’s birthday. Hence, it cannot be said that he has abducted the victim girl in order to attract Section 363 of the IPC.

Investigation is completed and charge-sheet is filed. The petitioner is in custody for more than two months. Therefore, without expressing any opinion

on the merits of the case, I am of the view that the petitioner is entitled for grant of bail. Hence, I pass the following

ORDER

Criminal petition is allowed. The trial Court is directed to release the petitioner on bail in Crime No. No.69 of 2021 registered by Banaswadi Police

Station, Bengaluru, for the offences punishable under Sections 8 and 12 of the POCSO Act and under Section 363 of the IPC, subject to the following

conditions:

i) Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the

satisfaction of the trial Court;

ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

iii) Petitioner shall not indulge in any similar offences strictly;

iv) Petitioner shall not leave the jurisdiction of the Court without prior permission of the trial Court; and

v) Petitioner shall take up the trial without causing any delay.