AI Structured Summary
Not yet generated for this judgment
Judgment
Rajendra Badamikar, J
The petitioner/accused has filed this petition under Section 439 of Code of Criminal Procedure (for short 'Cr.P.C') seeking regular bail in Crime
No.15/2021 of Grameen Police Station, Kalaburagi, registered for the offence punishable underS ection 14 of the Protection of Children from Sexual
Offences Act, 2012 (for short 'POCSO Act').
The petitioner/accused contended that he has not committed any offence as alleged and the police have falsely implicated him in Crime No.14/2021
for the offences punishable under Sections 399, 402 and 120(B) of the Indian Penal Code (for short 'I.P.C') and Section 25(1)(B) of the Arms Act
and on the basis of some alleged seized mobiles, they have falsely implicated him in this crime; that the alleged offence is not punishable with death or
life imprisonment. The petitioner is in custody for more than two months and he belongs to respectable family having movable and immovable
properties within the jurisdiction of this Court. Hence, on these amongst other grounds, it is prayed for admitting the petitioner on regular bail.
The learned High Court Government Pleader objected bail petition, denying the allegations and assertions made thereunder. It is contended that the
PSI of Ahok Nagar Police Station, Kalaburagi on the basis of the credible information, raided and apprehended the present petitioner and other
accused and seized material objects including the mobile phones and a case was registered in Crime No.14/2021. It is alleged that on verification of
the mobile belonging to the present petitioner, it is found that he has taken necked photos of a boy of 8 years old displaying the private parts and hence
this case came to be registered.
He contended that if the petitioner is enlarged on bail he is likely to commit similar type of offence and there is every possibility of he tampering
with the prosecution witnesses and jumping on bail. It is also asserted that the conduct of the petitioner is having bad impact on the society and hence
he sought for rejection of the bail petition.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State.
Perused the records.
The allegations of the prosecution discloses that on 27.01.2021 at 8.15 p.m. near Tawargera Cross, on the basis of the credible information, Wahid
Kotwal, PSI of Ashok Nagar Police, Kalaburagi raided and apprehended six accused persons who were carrying chopper and other deadly weapons
and registered a case in Crime No.14/2021 in Kalaburagi Rural Police Station for the offences punishable under Sections 399, 402 and 120(B) of IPC
and Section 25(1)(B) of the Arms Act
It is also alleged that during the course of investigation five mobile phones were seized and on verification of the mobile of the present petitioner, it
is found that he has taken necked photos of victim child and hence a complaint came to be filed independently by PSI of Kalaburai Rural Police
Station for the offence punishable under Section 14 of the POCSO Act, 2012.
The petitioner has moved a bail petition before the Court of the II Additional Sessions Judge, Kalaburagi (Special Court) for admitting him on
regular bail but his bail petition came to be rejected and hence has approached this Court.
The entire case of the prosecution rests on the basis of the recovery of the mobile phones in Crime No.14/2021 and on the basis of the alleged
confession statement given by the petitioner wherein he is said to have been admitted regarding taking necked photos of 8 years of victim child in his
mobile and exhibiting the same. The offence alleged is not punishable with death or life imprisonment.
Further, the petitioner is already in custody for more than two months; apart from that recovery is already concluded and the presence of the
petitioner is no more required by the Investigating Agency and the other apprehensions raised by the learned HCGP can be meted out by imposing
certain conditions. Under these circumstances, I do not find any impediment for admitting the petitioner on bail. Hence, I proceed to pass the
following:-
ORDER The petition is allowed.
Petitioner/Accused is directed to be released on bail in Crime No.15/2021 of Grameen Police Station, Kalaburagi District, registered for the offence
punishable under Section 14 of the Protection of Children from Sexual Offences Act, 2012 , on his executing a personal bond for a sum of Rs.50,000/-
with one surety for the like-sum to the satisfaction of the Court of the II Addl. District and Sessions Judge, Kalaburagi, subject to following
conditions:-
i) The petitioner/accused shall not directly or indirectly threaten or tamper with the prosecution witnesses;
ii) He shall appear before the Trial Court as and when directed and co-operate with the Trial Court in speedy disposal of the matter;
iii) He shall not involve in any criminal activities;
iv) While releasing the petitioner, the Jail Authorities shall follow the SOP issued by State Government.