Puttaswamy Gowda - Petitioner @HASH State of Karnataka

Budihal R.B., J. - This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 341, 324, 323, 307 r/w Section 34 of IPC, so also Section 12 of the POCSO Act registered in respondent-police station Crime No.59/2016.

The case of the prosecution as per the complaint averments is that at 4.30 a.m. on 17.2.2016 when the victim girl was coming out of the bath-room situated next to her house, to get ready to attend the tuitions, somebody assaulted her on head with club; two persons gagged her mouth tightly and out of them, one person pressed her neck and another kicked her, when fell down, one person called another person name Sadashiva and said Sadashiva addressed another person as Puttaswamy; they both stating that victim is finished, ran away the spot. Both the persons were wearing monkey caps and she identified their voice and came to know that they are Sadashiva and Puttaswamy of her village and are political rivalries to her father. She does not know why they come to assault her and for what purpose they have assaulted. Hence, she has requested to take legal action against the accused persons.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.

Learned counsel for the petitioner during the course of his arguments submitted that accused No. 1 has been granted bail by the order of this Court. Hence, on the ground of parity, petitioner is also entitled to be granted with bail.

Learned HCGP during the course of his arguments submitted that as per the Doctor''s opinion the injuries are simple in nature.

It is seen that the allegations against both the accused persons are one and the same. This Court has already considered the entire merits of the case and granted bail to accused No. 1 by its order dated 21.4.2016 in Crl.P.No.2459/2016 c/w Crl.P.2460/2016. Further, there is no allegation by the victim girl that petitioner has caused any sexual harassment to her at the time of the alleged incident. It is also not the case of the prosecution that the life of the victim girl is in danger or the alleged offence under Section 307 of IPC would escalate to higher counts. The offences alleged are not exclusively punishable with death or imprisonment for life. Even on the ground of parity, the petitioner is entitled to be granted with bail.

Accordingly, petition is allowed. Petitioner-accused No.2 is ordered to be released on bail for the offences punishable under Sections 341, 324, 323, 307 r/w Section 34 of IPC, so also, under Section 12 of the POCSO Act registered in respondent-police station Crime No.59/2016, subject to the following conditions:

i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.

ii. He shall not tamper with any of the prosecution witnesses directly or indirectly.

iii. He shall appear before the concerned Court regularly.