Karnataka High Court
Sri. Amjad vs The State By Women'S Police Station on 9 February, 2018
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2018
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7222/2017
BETWEEN:
Sri.Amjad,
S/o Abdul Suban,
Aged about 35 years,
R/at 1st Cross, Sakkarebailu,
Shivamogga Taluk,
Shivamogga District-577216. ... PETITIONER
(By Sri.Prashanth.H.S., Adv.)
AND:
The State by Women's Police Station,
Kote Circle, Kote,
Shivamogga-577201,
Represented by the
State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001.
...RESPONDENT
(By Sri Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in
Cr.144/2016 of Women P.S., Shivamogga and in
S.C.No.10/2017 pending on the file of I Addl. District and
Sessions Jude, Shivamogga, for the offences P/U/Ss 376D,
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344 r/w Section 34 of IPC and also under Sections 4, 5(G),
6, 8, 12, 17 and 18 of the POCSO Act, 2012.
This Criminal Petition coming on for orders this day,
the Court made the following:
ORDER
This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 376D, 344 r/w Section 34 of IPC and also under Sections 4, 5(G), 6, 8, 12, 17 and 18 of the POCSO Act, 2012 registered in respondent - police station Crime No.144/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
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3. The prosecution case is that the victim girl by name Kum. Harita Akshaya @ Priyanka, aged 17 years left her house in Kolar by quarrelling with her mother. She boarded the Shivamogga train to go to Kadur. As she was not knowing about the said place, mistakenly she alighted at Shivamogga Railway Station. She hired an auto of accused No.1 and sought for help. He introduced her to accused No.2. Both of them took her to an isolated place and committed rape on her. Accused No.3 took her to his house and on the next day, he shifted her to the house of accused Nos.4 to 6. She was illegally restrained in the said house for a period of one month and thereafter, she has been produced before the police. Her statement was also recorded before the JMFC Court under Section 164 of Cr.P.C. In the said statement she reiterated the allegations made in the complaint.
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4. As per the complaint averments, Sharukh and Throphik i.e., accused Nos.1 and 2 forcibly committed rape on the victim girl. As there were three persons she was helpless and Amjad, the petitioner herein who was also present at the place along with accused Nos.1 and 2, has also forced her, but as she told that she is having monthly course, accused No.3 left her. When it was 3.00 a.m., all the three together took her in an auto rickshaw to the house of accused No.3. The wife of Amjad and his four children were present in the said house. On the next day, petitioner came to his house and was there in the house till evening. Thereafter, he called Mohammed Usuf and sent the victim girl along with him.
5. Looking to the allegations in the complaint, so far as the petitioner is concerned, he was also in the gang of accused Nos.1 and 2. Not only that, he also 5 made an attempt to commit rape on her. But since she told that she is having monthly course, he left her. Hence, the allegations as against accused No.3 are also serious in nature. Therefore, the ground of parity of the bail order granted in respect of accused Nos.4 to 6 is not available to the present petitioner. It is not a fit case for grant of bail in favour of petitioner-accused No.3.
6. Hence, petition is hereby rejected. At this stage, learned counsel for the petitioner submitted that from the date of arrest petitioner is in custody and from the last four dates even though summons are issued, P.W.1 is not present before the Court.
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Hence, the concerned Sessions Judge is hereby directed take up the matter on priority basis and to dispose of the same as early as possible.
Sd/-
JUDGE bkp