Karnataka High Court
Irfanulla R vs The State Of Karnataka on 3 October, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2023:KHC:35691
CRL.P No. 7531 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION No.7531 OF 2023
BETWEEN:
IRFANULLA R
S/O RAHAMATHULLA
AGED ABOUT 35 YEARS,
OCC. MASON WORK/LABOURER/WELDING WORK,
RESIDENT OF GAYATHRI BHAVAN CIRCLE,
BEHIND SAM SCHOOL, NURAMOHALLA,
CHITRADURGA- 577 501.
...PETITIONER
(BY SR P.B.UMESH FOR
SRI R B DESHPANDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
CHITRADURGA WOMEN POLICE STATION,
CHITRADURGA TOWN CIRCLE,
CHITRADURGA - 577501.
Digitally
signed by R (REPRESENTED BY STATE PUBLIC PROSECUTOR,
MANJUNATHA
Location:
HIGH COURT BUILDING, BENGALURU - 560001)
HIGH COURT
OF
KARNATAKA
2. SMT. JAMILA
W/O AMID
AGED ABOUT 37 YEARS
OCC. HOUSEHOLD WORK,
R/O BEHIND MADINA MUNAVAR MASZID,
CHOLAGUDDA, CHITRADURGA TOWN,
CHITRADURGA- 577 501.
...RESPONDENTS
(BY SRI B.LAKSHMANA, HCGP)
-2-
NC: 2023:KHC:35691
CRL.P No. 7531 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.POCSO.No.170/2022(CR.No.84/2022) OF CHITRADURGA
WOMEN P.S., CHITRADURGA FOR THE OFFENCE P/U/S 323,
366,376(2)(n), 354(b),114,504,506, 279, 337,338, 498(A)
R/W 34 OF IPC AND SEC.4,6,17 OF POCSO ACT AND
SEC.9,10,11 OF PROHIBITION OF CHILD MARRIAGE ACT AND
SEC.180,181 OF IMV ACT ON THE FILE OF THE SPL. II
ADDL.DISTRICT AND SESSIONS JUDGE, CHITRDURGA.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri P.B.Umesh, counsel for Sri R.B.Deshpande, counsel for appellant and Sri B.Lakshmana, learned High Court Government Pleader.
2. The present petition is filed under Section 439 of the Code of Criminal Procedure, with the following prayer:
"It is therefore prayed that this Hon'ble High Court may be pleased to enlarge the petitioner/accused No.1 on bail in Crime No.84/2022 of Chitradurga Women Police Station, Chitradurga, (charge sheeted for the offence punishable under Sections 323, 366, 376(2)(n), 354(B), 114, 504, 506, 279, 337, 338, 498(A) r/w 34 of IPC and Sections 4, 6, 17 of Protection of Child from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of Prohibition of -3- NC: 2023:KHC:35691 CRL.P No. 7531 of 2023 Child Marriage Act and Section 180, 181 of IMV Act, 1988 now plending in Spl.C.POCSO No.170/2022 on the file of Spl. II Additional District and Sessions Judge, Chitradurga, pending the trial in the interest of justice."
3. The petitioner/accused No.1 has been charge sheeted and sent to trial in respect of Crime No.84/2022 which is now pending in Spl. Case POCSO No.170/2022 on the file of the Special II Additional District and Sessions Judge, Chitradurga.
4. During the Trial, complainant and victim girl have not supported the case of the prosecution and they have turned hostile. The prosecution, with the permission of the Court, treated them as hostile and cross-examined them by confronting the complaint averments, statement recorded under Section 164 of Cr.P.C., and statement said to have been given by them before the Investigation Officer. In such cross-examination, no useful material is elicited so to advance the case of prosecution to any extent. Taking note of this development in the case on -4- NC: 2023:KHC:35691 CRL.P No. 7531 of 2023 hand, continuation of the petitioner in judicial custody is no longer warranted. The other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions.
5. Accordingly, the following:
ORDER
(i) The Petition is allowed.
(ii) Petitioner/accused No.1 be directed to be enlarged on bail in of Crime No.84/2022 of Chitradurga Women Police Station which is now pending in Spl.C(POCSO) No.170/2022 on the file of Special II Additional District and Sessions Judge, Chitradurga, by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the learned Trial Judge.
(iii) Petitioner/accused No.1 shall not tamper the prosecution witnesses in any manner.
(iv) Petitioner shall attend the Court regularly.
(v) Petitioner shall not leave the jurisdiction of Chitradurga District without prior permission.-5-
NC: 2023:KHC:35691 CRL.P No. 7531 of 2023
(vi) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail.
Sd/-
JUDGE kcm List No.: 1 Sl No.: 63