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Judgment
This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioner on bail in Crime No.248/2016 registered in Vemagal Police Station for the offences punishable under Sections 363, 376, 506 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012.
Shri Basavanna M.D., learned Counsel for the petitioner arguing in support of this petition submits that the victim is none other than the younger sister of petitioner''s wife. The victim in her statement under Section 161 of Cr.P.C. before the Police has stated that she was in love with the petitioner. The parents of the victim disapproving the love affair, have filed this false complaint to dissuade the petitioner from marrying the victim.
Adverting to the complaint dated 21.08.2016, the learned counsel for the petitioner submits that as per the version of the victim''s family, the victim is aged 17 years, but as a matter of fact, she is a major. Further, police after investigation have filed charge sheet. In the circumstances, he prays for allowing this petition.
Opposing the bail petition, the learned HCGP submits that the offences alleged against the accused are serious in nature. Adverting to the statement under Section 164 of Cr.P.C., he submits that the victim has stated that the petitioner has forcibly taken the victim to Mysuru in a car and committed the offence.
I have carefully considered the submissions of the learned Counsel for the petitioner, learned HCGP & perused the papers.
The medical report shows that the girl is aged 17 years. The petitioner, admittedly, is the husband of victim''s elder sister. Police after investigation have filed charge sheet. Victim in her 161 statement has stated that she is in love with the petitioner. This appears to be a case of adolescent infatuation. The charges leveled against the petitioner are subject to trial. In the circumstances, pending trial, in my view, petition deserves to be allowed. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in Crime No.248/2016 registered by Vemagal Police Station, upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(iv) Petitioner shall not involve himself in any criminal activities; and
(v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.