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Judgment
The learned counsel for the petitioner fairly admitted that the petitioner has moved the learned Sessions Judge, Karwar, for grant of bail in Crime No.35/2017 and has submitted that today, his counterpart counsel appearing for the accused before the Trial Court has moved the said Court for submitting that he does not press the bail petition filed before the learned Sessions Judge. In view of the above said submission, the present petition is taken up and following order is passed.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-police. Perused the records.
The victim girl aged 15 years, a resident of Yuvajana Nagar, Baindur of Kundapur Taluk, lodged a complainant stating that on 01.03.2017 in order to file an application she had come to Bhatkal. She had been to National P.U.College and the Principal of the said college told them to come at 1.30 p.m. Again she went to the college at 1.00 p.m. Again she went to Tenginagundi cross, as directed by the Principal of the said college. At 1.30 p.m. when she was standing there, a swift car bearing registration No.KA-47/M-5764 came to that place and persons who were inside the car asked the victim girl to sit inside the car so that they can go to that particular college. She observed three persons were siting inside the said car along with the Principal of the National College, by name Shakeel Mulla and another person by name Nadeem Mulla. She boarded the said car and the said persons took her in the said car. In the car, it is alleged Shakeel Mulla-accused No.1, who was inside the said car, when the petitioner Nadeem Mulla and the car driver went out of the said car, the said Shakeel Mulla behaved indecently with the said girl and tried to molest her. She requested him not to do like that. Then he kept quite. On these allegations, a complaint came to be lodged and the police have registered a case in Crime No.35/2017 for the offences under Section 354A of IPC read with Section 34 of IPC and under Section 10 of the Protection of Children from Sexual Offences Act, 2012.
On perusal of the above said allegations, there is no specific allegations made against this petitioner that he has made any attempt to molest the said victim girl or he knew fully well that accused No.1 would molest the victim girl. Under the above said facts and circumstances of the case, as the petitioner has already been arrested on 2.03.2017 and since then he is in judicial custody and is no longer required for further investigation and that the trial may also take considerable time, I am of the opinion, that the petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following order.
Order
The petition is allowed. Consequently, the petitioner shall be released in connection with Crime No.35/2017 (registered in Bhatkal Town Police Station), on the file of the Principal District and Sessions Judge, Karwar, for the offences under Section 354A read with Section 34 of IPC and under Section 10 of the Protection of Children from Sexual Offences Act, 2012, the following conditions:
i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall appear before the Court regularly on all future hearing dates unless exempted by the Court for any valid reasons.
iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission until the case registered against him is disposed off.