Karnataka High Court
Mashak S/O Hussain Makandar vs The State Of Karnataka And Anr on 19 July, 2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION NO.200626/2022
Between:
Mashak S/o Hussain Makandar,
Age: 18 years, Occ: Student,
R/o Village Bangarga,
Tq. Alland, Dist. Kalaburagi-585314.
... Petitioner
(By Sri Syed Fayazuddin, Advocate)
And:
1. The State of Karnataka through
Alland P.S., Kalaburagi
Represented by Addl. S.P.P.
High Court of Karnataka
Kalaburagi-585103.
2. Ravindra S/o Rupanna Biradar,
Age: 40 years, Occ: Farmer,
R/o Village Salegaon, Tq. Alland,
Dist. Kalaburagi-585314.
... Respondents
(By Sri Shivakumar R. Tengli, AGA for R1; R2 is served)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail in Crime
No.42/2022 FIR No.97/2022 for the offences punishable
offences under Sections 363, 344, 376(2)(n), 509 r/w
Section 34 IPC and Section 4, 6 and 12 of POCSO Act 2012 of
Alland. P.S. pending before the II-Addl. Session Judge and
Special POSCO Court, Kalaburagi.
2
This petition coming on for Orders this day, the Court
passed the following:
ORDER
The petitioner-accused No.4 as per FIR is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.42/2022 of Aland Police Station, Kalaburagi District, registered for the offences punishable under Sections 363, 344, 376(2)(n), 509 r/w Section 34 of the Indian Penal Code (for short 'IPC') and Sections 4, 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), on the basis of the first information lodged by informant-Ravindra.
2. Heard Sri Syed Fayazuddin, learned counsel for the petitioner and Sri Shivakumar R. Tengli, learned Additional Government Advocate for the respondent-State. Perused the materials on record.
3. Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.4 in the FIR. He is innocent and has not committed any offences as 3 alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 11.05.2022 and since then he is in judicial custody. Serious allegations are made only against accused No.1 who is in judicial custody. Accused Nos.2 and 3 who are juvenile offenders are already enlarged on bail. Allegations against accused Nos.2 to 4 are similar. Therefore, the petitioner is entitled for bail. Since the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is not having any criminal antecedents. He is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
4. Per contra, learned Additional Government Advocate opposing the petition submitted that serious allegations are made against all the accused including the present petitioner. It is specifically stated that this 4 petitioner along with accused Nos.2 and 3 who are juveniles, kidnapped the victim girl on his motorcycle and taken her to Gulbarga Railway Station and from there, accused Nos.2 to 4 have taken the victim girl to Kalyan and thereafter to Rajkot in Gujarat. They assisted accused No.1 in committing sexual assault on the minor girl. Investigation has already been completed. Even though accused Nos.2 and 3 are enlarged on bail, they are juvenile offenders and they are being tried before the Juvenile Justice Board. Therefore, the petitioner cannot seek parity with them. Looking to the nature and seriousness of the offences, the petitioner is not entitled for grant of bail. Hence, he prays for dismissal of the petition.
5. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?"
5
My answer to the above point is in 'Affirmative' for the following:
REASONS
6. The allegations made against accused No.1 is of serious nature. As per the charge sheet, it is specific contention of the prosecution that accused Nos.2 to 4 have assisted accused No.1, kidnapped the victim girl and taken her on the motorcycle belonging to the present petitioner to Gulbarga Railway Station and from there to Kalyan and thereafter accused No.1 took the victim to Rajkot in Gujarat, where he has committed sexual assault. It is pertinent to note that no allegation of committing sexual assault is made against the petitioner. Admittedly, the investigation is completed and the charge sheet is also filed. Under such circumstances, detention of the petitioner in custody would amount to infringement of his valuable right to life and liberty. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the 6 apprehension expressed by the learned Additional Government Advocate that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
7. Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.42/2022 of Aland Police Station, Kalaburagi District, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
a). The petitioner shall not commit similar offences.
b). The petitioner shall not threaten or tamper with the prosecution witnesses.
c). The petitioner shall appear before the Court as and when required.7
In case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/-
JUDGE NB* Ct: SMP