Karnataka High Court
Arvind S/O Hanmanth vs State Of Karnataka on 4 August, 2011
Author: C.R.Kumaraswamy
Bench: C.R.Kumaraswamy
Ba. ORDE R This Criminal Petition is filed under Section 439 of CrP. praying to allow the above criminal petition and | enlarge the petitioner on bail in Crime No.22/2011 of Lingasugur Police Station (C.C_ No418/2011 FIR - No.99/2011) on the file of the J.M: BF. C Lingasugur. which is registered for the offences punishable under. S Sections 366 A, 109 of Indian Penal Code... 2. I have heard jearned 'Counsel for the petitioner as well as learned. 'High Court Government Pleader for. the A state, 3. i have perused the FIR found in the records. The contents of F IR discloses that Lingasugur police have registered a case. in Cr.No.32 /2011 against accused No.l *. Aravinda, accused No.2 Raju, accused No.3 No.Muttappa. am accused. No.4 Balachandra, accused No.5 Hanumanthu for the offence punishable under Sections 366 A and 109 of India Penal Code on the complaint of Laxman. It is SS alleged in the complaint that accused No.1 used to telephone to the complainant and in spite of complainant told accused No.1 that her daughter's engagement ea ceremony has been performed, accused Nos.2 to 5 instigated accused No.1 to carry the complainant's daughter by using force. 4. Learned counsel for the petitioner : has. wherein its content disclose that 'on 153.2011 ak about' 3.00 p.m victim appeared before the investigation officer | rieai about 4.00 am. when she was sleeping in her house. accused No.} came and told that he wili take her to Bangalore. and asked her to come with him: so that | he may mary her at Bangalore. Then, they reached Bangalore on the next day morning on 52.2011. He took her cc) Bookasagar village. and they stayed 'there, At about, 10,00 a.m. he told that he has taken' a house on rent saying so he had sexual "intercourse with her. Aecused Nos.2, 3, 4 and 5 .. instigated accused No.1 to carry her to Bangalore. OB. The main allegation against the petitioner is - - that he procured the minor girl who was aged below 18 ' years and took her to Bangalore. The offence alleged against the petitioner is under Sections 366 A and 109 of Se Ce 7 Indian Penal Code. These offences are punishable with imprisonment for life and it may extend to ten years. The victim is aged below 16 years. Therelore, she has not attained the age of consent also. The offence "alleged - punishable with imprisonment for life. or "Smnprisonment either description for a term which shall not be jess than seven years but it may be extend 1 ten years. Therefore, considering the age of vetim and aiso-the fact that she has not attained the age. of consent, 1 ain of the view that there are reasonable grounds to. believe: that accused has committed oflence alieged against nim, Therefore, in my view. itis nota fit-case to grant bail. at this stage. . TE-CASE tO & 5 6. In the result, I pass the following: ORDER
This Criminal Petition is dismissed. x #5 /-