BENGALURU: The High Court has, on humanitarian grounds, allowed a man convicted in a Protection of Children from Sexual Offences (POCSO) Act case, to be with his wife who is expected to deliver on
November 25.
After hearing the interlocutory application, Justice H B Prabhakara Sastry suspended the sentence awarded to the convict Surendra, a resident of Devanahalli in Bengaluru Rural District, for four weeks.
Surendra was accused of sexually assaulting a minor girl by pulling her hand and touching the private parts during the International Wine Festival held at a hotel in the city in 2014 when she was going to the washroom. He has moved the High Court challenging the conviction and had also sought interim bail for a period of eight weeks. He was released on bail on Friday after completion of the formalities.
Karnataka High Court judge Justice Sastry, who heard the interlocutory application of POCSO case accused Surendra, said, “I am of the opinion, as an exceptional case, without this matter being precedent for any other matter, the accused be enlarged on bail for a limited period of four weeks with stringent conditions. The sentence of imprisonment passed by the Child Friendly Court is kept under suspension for a period of four weeks (till December 20, 2018), pending disposal of appeal filed by him.”
The Child Friendly Court had sentenced Surendra (32), the second accused in the case, on August 18, to simple imprisonment of 3 years and 6 months and also to pay a fine of `4,000 for the offences punishable under Section 354 of IPC and Sections 7 and 8 of POCSO Act.
In the affidavit accompanying the application filed before High Court, Surendra pleaded that during the trial, he was on bail and he had not violated any of the bail conditions. After conviction, he has been serving the sentence of imprisonment. Stating that his earlier bail applications were dismissed by the High Court on September 7 and November 5, after his conviction, Surendra said his wife was expected to delivery their first child within a few days, and he should not be deprived of the father’s love, so also the woman of her husband’s care.
While ordering Surendra to deposit a fine within two weeks, if not already deposited, the court imposed several conditions to allow him on bail. Surendra should execute a personal bond for a sum of `50,000 with two solvent sureties for like sum; he should appear before the court as and when summoned; not to leave the jurisdiction of Bengaluru City and Rural; and surrender before the trial court on or before December 21.
EXPERTS’ TAKE
Reacting to the release of a POCSO case accused on bail, advocate K B K Swamy said, “It is only a conditional bail for a limited period since the sentence is very less and the chances of taking the appeal for final hearing may not be any time soon.
There is no hard and fast rule and it is the discretion of the court.” Child rights activist N V Vasudeva Sharma said, “Bail is a human right and that should not be denied. I don’t object to giving him bail on the ground that he (accused) wanted to be with his wife at the time of delivery. I am sure that the court has imposed conditions and they has to be followed and screened seriously.”