Karnataka High Court
Mahesh S/O Siddappa Hanagandi vs The State Of Karnataka on 1 April, 2016
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA
AT DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2016
BEFORE
THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA
CRIMINAL PETITION NO. 100184/2016
BETWEEN:
1. MAHESH
S/O SIDDAPPA HANAGANDI
AGE: 18 YEARS, OCC: AGRICULTURE,
R/O YADWAD, TQ: GOKAK,
DIST: BELAGAVI.
2. ANAND
S/O SATYAPPA DODAMANI,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O: YADWAD, TQ: GOKAK,
DIST: BELAGAVI.
3. SANTOSH
S/O BASAPPA DODAMANI,
AGE: 18 YEARS, OCC: AGRICULTURE,
R/O: YADWAD, TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. P N HOSAMANE, ADVOCATE)
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AND:
THE STATE OF KARNATAKA
BY MUDHOL POLICE STATION
REPRESENTED BY SPP HIGH COURT
OF KARNATAKA BENCH
DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
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THIS CRIMINAL PETITION IS FILED U/SEC.439 OF
CR.P.C., PRAYING TO RELEASE THE PETITIONERS ON
BAIL IN MUDHOL P.S. CR. NO.185/2015 FOR THE
O/P/U/SEC.366A, 376, 506 R/W 34 OF IPC AND SEC.4 & 6 OF
POCSO ACT.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners filed this petition under Section 439 Cr.P.C. seeking to enlarge them on bail in connection with Crime No.185/2015 registered for the offences punishable under Sections 366(A), 376, 506 R/w. Section 34 of IPC and Sections 4 and 6 of the POCSO Act.
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2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State. Perused the complaint, FIR, charge sheet and documents produced along with the charge sheet.
3. The learned counsel for the petitioners submits, the petitioners are implicated in the case as accused on the false complaint of the victim, whereas the very victim in her statement made under Section 164 Cr.P.C. before the learned Magistrate, Mudhol, has stated that these petitioners dropped her to the house of her Aunt at Mudhol, and she has not stated that they have exploited her sexually. The learned counsel submits, the petitioners have not committed any offence, much less the one alleged in the complaint. However, he submits since charge sheet has already been filed, there is no apprehension that, if the petitioners are released on bail, they would interfere with the investigation. Therefore, he prays for allowing the petition by granting bail to the petitioners.
4. On the other hand, the learned High Court Government Pleader opposed the bail petition on the ground that charge sheet :4: and material collected during investigation prima facie disclose commission of offence by the petitioners and offence committed by the petitioners is a heinous offence punishable with life imprisonment. Therefore he submits, if the petitioners are released on bail, they would certainly tamper the prosecution witnesses and in such an event, it would affect fair trial. Hence, he prayed for rejection of bail petition.
5. A perusal of the complaint dated 23.06.2015 lodged by the victim before the Inspector General of Police, North Zone, Belagavi, with a copy to the respondent-police would reveal that she is a resident of Gokak in Belagavi District and was living with her father; her mother died when she was a small child and after the death of her mother, her father has taken 2nd wife, who started harassing her and therefore, on 10.06.2015, she left home and came to Yadawad and when she was waiting at Yadawad bus stand in order to go to her relatives' house at Mudhol; her village mate Mahesh Hanagandi/accused No.1 and his friends Anand and Santosh/accused Nos. 2 and 3, came there and told her that at this :5: hour there is no conveyance to go to Mudhol and Mahesh told her that he would drop her to Mudhol in his motorcycle; Accordingly, she proceeded in his motorcycle, Anand and Santosh followed them in another motorcycle and at the bank of Ayyappaswamy Lake, Mudhol, Mahesh has committed rape on her; Two police persons noticing them, took them to the police station, Anand and Santosh also came there; On the next day the police by collecting Rs.60,000/- from them, sent them to Yadawad; In Yadawad, Mahesh by giving her Rs.100/- asked her to go to Gokak and threatened her not to come back; when she was weeping at Gokak bus stand, a social worker Kumari Mahalaxmi Appasab enquired her as to why she is crying; she appraised the above incident to her; she took her to Mudhol Police station on four occasions, to lodge complaint against the accused, but the police did not take her complaint and hence she is living with Mahalaxmi in her house.
6. In her complaint dated 01.09.2015, lodged with the Ghataprabha police station, she has narrated altogether a different story and made allegation that she has been sexually exploited at the :6: instance of Soumya, Ashok, his wife Bharati and others. In her statement made before the learned Magistrate, Mudhol under Section 164 Cr.P.C., she has not made any allegations against the petitioners. Based on the complaint dated 01.09.2015, lodged before the Ghataprabha Police Station, a case was registered in Crime No.249/2015 against accused No.1 - Santosh. It is to be noted, on the basis of the complaint lodged by the victim on 23.06.2015 to the Inspector General of Police, North Range, Belagavi, a case was registered by Mudhol Police in Crime No.185/2015 against the petitioners for the offences punishable under Sections 366(A), 376, 506 R/w. Section 34 of IPC and Sections 4 and 6 of the POCSO Act. Whereas a case was registered in Crime No.249/2015 by the Ghataprabha Police, based on the information of the District Child Protection Officer, against Santosh and 9 others. In that crime No.249/2015, some of the accused have been released on bail.
7. Considering the fact that the victim in her statement made before the learned Magistrate under Section 164 Cr.P.C. has not made any allegation against the petitioners and in respect of Crime :7: No.185/2015, investigation is complete and charge sheet has already been filed, the petitioners are entitled to be released on bail. Hence the following order:
ORDER The petition is allowed. The petitioners are enlarged on bail in connection with Mudhol Police Station Crime No.185/2015 subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety for the like sum to the satisfaction of the Sessions Court.
ii. The petitioners shall not tamper the prosecution witnesses in any manner.
iii. The petitioners shall not leave the jurisdiction of the Sessions Court without its prior permission. iv. The petitioners shall appear before the jurisdictional Sessions Court on all the dates of hearing. :8: In the event of the petitioners disobeying any of the above conditions, the respondent-State is at liberty to move the Sessions Court for cancellation of the bail granted herein.
Sd/-
JUDGE gab