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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF NOVEMBER, 2015
BEFORE
HON' BLE MR. JUSTICE A.V. CHANDRASHEKARA
CRIMINAL PETITION No.7544/2015
BETWEEN:
SRI.AVINASH.L
S/O LINGARAJ
AGED ABOUT 23 YEARS
ARTIST, AGRICULTURIST
R/O CHELUVADIKERE
VASANTHA ROAD
DAVANAGERE-577002
..

PETITIONER

(By Sri.VISHWAJITH SHETTY.S., ADV.,)

AND:
STATE BY DAVANAGERE WOMEN POLICE
DAVANAGERE
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560001
.. RESPONDENT
(By SRI.B.VISWESWARAIAH, HCGP)

THIS CRL.P IS FILED U/S.438 CR.P.C BY THE

PETITIONER PRAYING TO ENLARGE THE PETR. ON BAIL IN
CR.NO.66/2014 OF WOMEN P.S., DAVANAGERE DISTRICT
FOR THE OFFENCE P/U/S 363, 376 OF IPC AND SEC.4 OF
POCSO ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING

ORDER
Heard the learned counsel for the petitioner and the
learned Government Pleader.
2. Petitioner is the sole accused. Apprehending his
arrest at the hands of respondent Police in a criminal case
bearing Crime No.66/2014, this petition is filed. A case is
registered for the offences punishable U/Ss 363 and 376 of
IPC and Section 4 of POCSO Act.

2.

Learned

Government

Pleader

has

vehemently

opposed the bail application on the ground that it is too

premature to disbelieve the statement of the victim recorded
U/s 164 of Cr.P C on 17.4.15 and hence he has requested to
dismiss this petition.

3. The statement recorded U/s 164 Cr.P.C. discloses

that the victim was studying in Ist year BA and was aged
about 17 years. Both of them had gone on their own and
married

with mutual consent. Later on both of them had

physical contact on their own volition. This could be taken for

limited purpose in granting the bail

and this observation

shall not influence the learned Sessions

Judge whiles

disposing of the case on merits.

4. The petitioner is a permanent resident of a village in

Davanagere district and has deep root in the society. He has
undertaken to obey any of the conditions which may be
imposed on him. In this view of the matter, the apprehension
of the learned Government Pleader could be met with by
imposing stringent conditions. Hence, I pass the following:
ORDER
Accordingly, the petition is allowed and anticipatory bail
is

granted

to

the

petitioner,

subject

to

the

following

conditions:
(1)

Petitioner shall be released on anticipatory

bail in the event of his arrest in Crime
No.66/2014 by Davanagere Women Police on
executing a personal bond for a sum of
Rs.1,00,000/- each with one surety for the
likesum to the satisfaction of the I.O.;

(2)

Petitioner

shall

surrender

before

the

jurisdictional police station on or before

03/12/2015.
(3)

Petitioner shall co-operate with the I.O. in

conducting further investigation;

(4)

Petitioner shall not hold out threats to the

prosecution witnesses or attempt to tamper
them, in any manner.

(5)

The petitioner shall visit the respondent

police once in a month on every second
Sunday and mark his attendance till the
disposal of the case.

Sd/JUDGE

Nm