Sagar vs State By Tarikere Police on 23 May, 2022

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Karnataka High Court

Sagar vs State By Tarikere Police on 23 May, 2022

Bench: H.P. Sandesh

                             1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 23RD DAY OF MAY, 2022

                           BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.4278/2022

BETWEEN:

SAGAR S/O SHANKAR
AGED ABOUT 24 YEARS
STUDENT
RESIDING AT VIJAYANAGAR
8TH CROSS, 2ND MAIN ROAD
HARIHARA TALUK
DAVANAGERE-571 415.                       ... PETITIONER

               (BY SRI RAJU C.N, ADVOCATE)
AND:

STATE BY
TARIKERE POLICE, CHIKMAGALURU
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.                     ... RESPONDENT

               (BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.84/2022 OF TARIKERE P.S., CHIKKAMAGALURU ON THE
FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1,
CHIKKAMAGALURU FOR THE OFFENCES P/U/Ss.363, 366(A),
343, 376(2)(i) R/W 34 OF IPC AND SECTIONS 6, 17, 18, 12 OF
POCSO ACT AND SECTIONS 9, 10 OF CHILD MARRIAGE ACT BY
ALLOWING THIS PETITION.
                                 2




     THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.2 in Crime No.84/2022 of Tarikere Town Police Station, Chikkamagaluru, for the offences punishable under Sections 363, 366(A), 343, 376(2)(i) read with Section 34 of IPC and Sections 6, 17, 18 and 12 of POCSO Act and Sections 9 and 10 of the Child Marriage Act.

2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution against this petitioner is that this petitioner accompanied with a minor girl to Hyderabad. Hence, a case has been registered for an offence punishable under Sections 363 of IPC.

4. The learned counsel appearing for the petitioner would submit that except the allegation he accompanied with a 3 minor girl, no other allegations are made against him. Hence, he may be enlarged on bail.

5. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that the victim girl is aged about 17 years and 11 months and a missing complaint was given. Hence, an offence punishable under Section 363 of IPC is invoked. This petitioner took the victim girl to Hyderabad.

6. Having heard the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the State and looking into the factual aspects of the case, an allegation against this petitioner is that he accompanied with the victim girl to Hyderabad. Having heard the respective counsel and on perusal of the material available on record, except the allegation that he accompanied with the victim girl to Hyderabad, no other allegations are made against this petitioner to invoke any other offences against the petitioner herein. When such being the factual aspects of the case, it is a fit case to exercise the discretion against the 4 petitioner under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER The Petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in Crime No.84/2022 of Tarikere Town Police Station, Chikkamagaluru, for the offences punishable under Sections 363, 366(A), 343, 376(2)(i) read with Section 34 of IPC and Sections 6, 17, 18 and 12 of POCSO Act and Sections 9 and 10 of the Child Marriage Act, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.

Sd/-

JUDGE cp*

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Karnataka High Court