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Judgments of Supreme Court of India and High Courts

Hrishikesh Sahoo vs State Of Karnataka By on 18 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF AUGUST 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5515 OF 2018

BETWEEN

Hrishikesh Sahoo,
S/o. Jagannath Sahoo,
Aged about 43 years,
R/at Flat No.306,
S.K.Residency, 6th Cross,
Kasuvanahalli,
Sarjapura,
Bengaluru-560035.
…Petitioner
(By Sri. Hashmath Pasha , Advocate)

AND

State of Karnataka by
Women Police Station,
East Zone,
Bangalore-560086.
…Respondent
(By Sri. Chetan Desai, HCGP)

This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the petitioner
on bail in Crime No.19/2017 (Spl.C.C.No.356/2017) of
Women Police Station, East Zone, Bangalore for the
offence punishable under Sections 498A, 506, 323 and 377
of IPC and Section 5(M)(L) read with 6 of POCOS Act.
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This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

Heard the petitioner’s counsel and the High Court

Government Pleader. The petitioner has approached this

court again seeking bail. He has been implicated of the

offences punishable under Section 498A, 376, 354, 506

IPC and Section 5(M)(L) read with Section 6 of POCSO Act.

The allegations are that the petitioner solicited unnatural

sexual intercourse from his wife and tried to molest his

daughter. The criminal petition No.2966/2018 filed by the

petitioner was dismissed by this court on 2nd July, 2018.

2. The learned counsel for the petitioner submits that

accused no.2 and 3 who are the parents of the petitioner

have been discharged of the offence by this court in

Crl.RP.No.423/2018. The petitioner has been in custody

for the last one year seven months. The trial has not yet

commenced. The discharge of accused nos.2 and 3 gives
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a ground to the petitioner to seek bail as the case framed

against all the accused stands on the structure of.

3. The High Court Government Pleader opposes the

petition by arguing that the petitioner has not made out

changed circumstances. The order passed by this court in

Crl.RP.No.423/2108 does not benefit the petitioner to

claim bail. Therefore petition has to be dismissed.

4. This court while disposing Crl.P.No.2966/2018

observed that while disposing Crl.P.No.5739/2017, all the

materials produced by the prosecution along with charge

sheet were dealt with at length and a change in

circumstance for grant of bail was not made out. It is also

difficult to accept the argument of the petitioner’s counsel

that discharge of accused no. 2 and 3 from the case can be

taken as a changed circumstance to release the petitioner

on bail. The allegations against parents of the petitioner

were that they abetted their son to commit crime; if they

were discharged for want of materials to frame charge
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against them, it does not mean that the prosecution

cannot prove charges that stand independently against the

petitioner. Therefore, this cannot be a ground for granting

bail. However another aspect of the matter is that the

petitioner has been in custody for one year seven months.

No progress in the trial has been made. The age of the

petitioner is 45 years as on today. His wife and daughter

are living separately and therefore chances of they being

lured or intimated to depose against him cannot be

expected. Therefore bail can be granted. Hence the

following:

ORDER

(a) Petition is allowed.

(b) Petitioner shall be released on bail in connection

with Crime No. 19/2017 registered by Women Police

Station, East Zone Police Station, Bengaluru on his

executing a bond for a sum of Rs.1,00,000/- (Rupees One

Lakh only) and providing two sureties for the likesum to

the satisfaction of the trial Court. The petitioner is also

subjected to the following conditions:

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1) He shall regularly appear before the Court
during trial.

2) He shall not threaten the witnesses and
tamper with the prosecution evidence.

3) He shall not involve in any other criminal
case.

Sd/-

JUDGE

sd

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