Karnataka High Court
Sabanna vs The State And Anr on 10 July, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-K:4741
CRL.P No. 200699 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200699 OF 2024 (439)
BETWEEN:
SABANNA S/O BASAVARAJ,
AGE: 20 YEARS, OCC: CAR DRIVER,
R/O. H. NO. 48, 2ND CROSS ROAD,
P-BLOCK, SLUM BOARD,
ANAND NAGAR, MARATHALLI,
BENGALURU-560 037.
...PETITIONER
(BY SRI MARTHANDAPPA MALLESHAPPA ALLUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally THROUGH RURAL P.S., SINDHAUR,
signed by
SHILPA R TQ: SINDHANUR, DIST: RAICHUR.
TENIHALLI
Location: REPRESENTED BY ADDL. SPP.,
HIGH
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA
KALABURAGI BENCH-585 107.
2. SMT. JYOTHI W/O RAMU,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. VENKATESHWAR CAMP,
SINDHANUR, TQ: SINDHANUR,
DIST: RAICHUR-584 167.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
R2 SERVED)
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NC: 2024:KHC-K:4741
CRL.P No. 200699 of 2024
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO
ALLOW THE CRIMINAL PETITIONER FILED BY THE
PETITIONER/ACCUSED NO.2 U/S 439 CR.P.C AND RELEASE
HIM ON BAIL IN CR.NO.62/2024 OF SINDHANUR RURAL P.S,
DISTRICT RAICHUR NOW PENDING ON THE FILE OF
HONOURABLE III ADDL. DIST. AND SESSIONS JUDGE AT
RAICHUR, SITTING AT SINDHANUR, ITINERARY AT
LINGASUGUR IN SPL. CASE (POCSO) NO.5349/2024 FOR THE
ALLEGED OFFENCES PUNISHABLE U/SEC. 366(A), 506 AND 114
R/W 34 OF IPC AND U/S 17, 8 & 12 OF POCSO ACT, 2012 IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Accused No.2 in Crime No.62/2024 registered by Sindhanoor Rural Police Station Raichur for the offences punishable under Sections 506, 34, 366A and 114 of IPC and Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is before this Court under Section 439 of Cr.P.C seeking for regular bail.
2. Heard the learned counsel for the parties. Respondent No.2 is served in the matter has remained unrepresented before this Court.
3. FIR in Crime No.62/2024 was registered by the Sindhanoor Police Station, Raichur initially for the offences -3- NC: 2024:KHC-K:4741 CRL.P No. 200699 of 2024 punishable under Section 366A, 506 and Section 34 of IPC and Sections 8 and 12 of the POCSO Act against one Lakshmikanth Kalburgi and three others on the basis of the first information dated 19.03.2024 received from respondent No.2, who is the mother of the victim girl. During the course of investigation the petitioner herein was arrested and remanded to judicial custody on 31.03.2024. Investigation in the case is completed and charge-sheet has been filed against two persons. Petitioner is arrayed as accused No.2. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5173/2024 which was rejected on 22.05.2024. Therefore, he is before this court.
4. Learned counsel for the petitioner submits that the allegation against the petitioner is about abetment. He is in custody from 31.03.2024. Charge-sheet is already filed. Accordingly, prays to allow the petition. -4-
NC: 2024:KHC-K:4741 CRL.P No. 200699 of 2024
5. Per contra, learned High Court Government Pleader for respondent No.1/State has opposed the petition.
6. In the first information that was submitted by the mother of the victim girl, it is stated that the accused No.1 was pestering her minor daughter to love him and also to marry him. On 16.03.2024, when the first informant was in her house, her minor daughter who was washing the clothes outside the house was found missing. On enquiry, the first informant came to know that the petitioner and three others who came in a car had forcibly taken the victim girl along with them in the car. Thereafter, the first informant was allegedly informed over phone by accused No.1 that he had taken the victim girl along with him and he intends to marry her. On the next day, the victim girl had returned home. Thereafter, on 19.03.2024 the first informant had approached the police. There is a delay of more than two days in filing the first information, even after the victim girl had returned home. -5-
NC: 2024:KHC-K:4741 CRL.P No. 200699 of 2024 The allegation against the petitioner is that he had abetted and instigated accused No.1 to kidnap the victim girl. Charge-sheet has been filed in the present case only for the offence punishable under Section Sections 506, 34, 366A and 114 of IPC and Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012. Petitioner who has no criminal antecedents is in custody from 31.03.2024. Investigation in the case is completed and charge-sheet has been filed. Therefore, I am of the opinion that petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following order :
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.62/2024 of Sindanoor Rural Police Station, Raichur registered for offences punishable under Sections 506, 34, 366A and 114 of IPC and Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 pending before the Court of III Additional -6- NC: 2024:KHC-K:4741 CRL.P No. 200699 of 2024 District and Sessions Judge, Raichur subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of `1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE sn/List No.: 1 Sl No.: 22