The criminal petition was filed under 439 of Cr.P.C. praying to allow bail petition by the accused Parameshwar Pammya Pramod and to release him on bail in the criminal case pending before the II Addl. Dist. & Sessions Judge, Kalaburagi, for the alleged offences punishable under sections 354, 504, 506, 509 read with section 34 of IPC and under sections 8 and 12 of POCSO Act 2012 was allowed under certain conditions.
Facts of the case
The 15 years old complainant/victim, a high school girl was regularly teased and harassed by the accused on several occasions while she was travelling by bus from her residence from Kallabennur Village to Government High School, Shahabazar, Kalaburagi to attend to her school. The accused was following her and pestering her to love. She had also alleged that accused secured her cell phone number and used to call her during the absence of her parents at home and was compelling her to love him. It is further alleged that the advice was given to the accused from the elders in the locality also did not yield any result, rather the accused openly stating that he is in love with the complainant and expect the reciprocity by the complainant also. The police have registered a case against the petitioner for the above-said offences.
Arguments before the Court
Learned counsel for the petitioner submits that even if the complaint is accepted on its prima facie allegations, still the same would not make out a case under sections 8 and 12 of POCSO Act.
Learned High Court Government Pleader, submitted that the complainant is none other than the aggrieved girl, her complaint cannot be disbelieved at this stage. He further submits that her statement under section 164 Cr.P.C. has also been recorded which also reveals that she has made serious allegations against the petitioner.
(i) That the petitioner shall execute a personal bond for a sum of Rs. 40,000/- with two solvent sureties for the like sum to the satisfaction of the enlarging.
(ii) The petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard.
(iii) He shall appear before the Court on all the dates of hearing.
(iv) He shall not hamper or tamper the prosecution witnesses and documents in any manner.
Thus the petition was allowed.[googlepdf url=”https://libertatem.in/wp-content/uploads/2020/01/Karnataka-HC-releases-accused-on-bail-who-was-booked-under-sections-8-and-12-of-POCSO-Act-2012.pdf” download=”Download Judgement PDF” ]
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