Convicted man gets bail to witness birth of baby

The Karnataka High Court has granted bail for four weeks to a man serving a prison sentence for sexually assaulting a girl with strict conditions.

The court granted bail since the man, Surendra, is required to be present for the imminent delivery of his first child.

The court was hearing an appeal filed by Surendra seeking to set aside the August 16 judgement and conviction order passed by Additional City Civil and Sessions Court (child-friendly court), Bangalore Urban.

The Sessions court convicted Surendra (accused number 2) for the offences committed under section 354 of Indian Penal Code and Sections 7 and 8 of the Protection of Children from Sexual Offences (POSCO) Act, 2012.

He was accused of sexually assaulting a girl at the Bangalore International Wine Festival 2014 by pulling her hand and touching her private parts.

Surendra was sentenced to imprisonment for three years and six months and was fined Rs 4,000 for his offences.

In his plea before the high court, Surendra said he was on bail during the trial and did not violate the conditions.

He has also been serving his sentence after conviction, pointing out that the court had dismissed his earlier bail applications.

He has applied for bail now since his wife is pregnant and is due to deliver their first child in a few days. He said the child should not be deprived of the father’s love and the wife should not be left without the husband’s care.

Documents produced

Surendra produced several medical documents to back up his appeal.

The government contended that material witnesses including eyewitness and the victim girl herself have supported the prosecution case and the bail application should, therefore, be dismissed.

The court however stated in its order that the accused is required to be present at the time of the delivery of his first child. Thus he will be enlarged on bail for a limited period of four weeks with stringent conditions.

It kept the order passed by the Child-Friendly Court in suspension for four weeks until December 20 pending the disposal of (Surendra’s) appeal.

It also asked Surendra to deposit the fine amount of
Rs 4,000 within two weeks from Friday (if not done already) in the said court.