On 24th July 2020, Justice P.N.Desai heard the case of Lokesh v. the State of Karnataka, via video-conferencing. The Court granted bail to the petitioner as the evidence against him were not supportive to bar him from granting bail.
Facts of the Case
The complaint was filed by Kalyankumar (brother of the minor victim) on 05.02.2020 alleging that the petitioner went to Kittur Ranichannamma School at Kolhar where the victim girl was studying in 7th standard. The petitioner informed the school authorities that the minor’s uncle had sent him to bring her. Hence, the minor girl met the petitioner and went out of the school.
The petitioner lured the victim girl and travelled in an auto-rickshaw. He held the hands of the victim girl and forced her to marry him as he loved her. The victim girl raised various questions about her maternal uncle. She asked the reason for making her travel to that place. She also stated that she will inform the about the behaviour of the petitioner to her parents. The petitioner threatened and assaulted the victim girl.
The petitioner ran away from the spot when passer-bys found victim girl where she narrated the complete incidence. The brother of the victim girl lodged the complaint and hence, the police have registered the case in Crime No. 10/2020.
Arguments of Petitioner
The learned counsel for the Petitioner argues that the petitioner has been falsely implicated in the present case. There are no grounds to specify that the petitioner has committed any offence punishable with death or imprisonment for life.
As per the school records, the girl left school with her own consent and the petitioner signed the school register. It is not a case of procurement of minor for a sexual purpose. The victim girl self voluntarily came with the petitioner. The contents of the complaint are different from the statement of the victim girl before the investigating officer.
Arguments of the Respondent
The learned counsel for the respondent argued that the offences alleged against the petitioner are heinous in crime. It was falsely stated to the victim girl that her maternal uncle was waiting for her. The victim girl asked him to inform her parents, but the petitioner threatened her. If the petitioner is released on bail, he may commit a similar offence and also tamper with the prosecution evidence.
The court said that the bail is the rule and the committal to jail is an exception. the school records clearly indicate that the girl herself gave letter seeking permission for one hour stating that she has to go to Kolhar. The register indicates that the petitioner has signed the register. The offences of the petitioner are not punishable with death or imprisonment for life.
The petitioner has made out grounds to enlarge him on bail. He is not required for any investigation and no recovery is to be done.
The Court allowed the bail application. The applicant was to be released on bail on his executing a personal bond for ₹50,000. the petitioner must meet the following conditions:
- The petitioner shall not tamper the prosecution witnesses.
- The petitioner should furnish his permanent residence proof or change of address in any to the committal court.
- The petitioner shall not commit similar offences of which he is accused or commission of which he is suspected.
- The petitioner shall appear before the concerned Court on all the dates of the hearing unless he has prevented by genuine reasons.
- The petitioner shall not leave the jurisdiction of the concerned Court, without permission of the jurisdiction Court, till the disposal of the case.
The prosecution is free to move the Court for cancelling the bail if he violates conditions.
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