Karnataka High Court
Mr.Santhosha vs The State Of Karnataka on 30 June, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30TH DAY OF JUNE 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2517 OF 2014
BETWEEN:
MR. SANTHOSHA
S/O. SHIVANA
AGED 24 YEARS
R/AT TUBINAKERE VILLAGE
KOTHATHI HOBLI
MANDYA TALUK
MANDYA DISTRICT-570056.
... PETITIONER
(BY SRI A. K. SUBBAIAH, ADV.)
AND:
THE STATE OF KARNATAKA
MANDYA RURAL POLICE STATION
REP BY S.P.P.
HIGH COURT OF KARNATAKA
HIGH COURT BUILDINGS
BANGALORE-560001.
...RESPONDENT
(BY SRI B. J. ESWARAPPA, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.588/2013 OF MANDYA RURAL P.S., MANDYA FOR THE
OFFENCES P.U.S. 363, 366, 366-A, 368, 344, 346, 376 R/W 34 OF
I.P.C. AND U/S. 3 AND 5 OF PROTECTION OF CHILDREN FROM
SEXUAL OFFENCE ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This is the petition filed by the petitioner / accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 363, 344, 376 read with Section 34 of I.P.C. registered by the respondent - Police Station in Crime No.588/2013.
2. Heard the arguments of the learned counsel for the petitioner / accused No.1 and also the learned High Court Government Pleader for the respondent - State.
3. I have perused the averments made in the bail petition, F.I.R., complaint and other materials placed on record.
4. Looking to the materials on record, at the first instance, i.e., on 28-11-2013, a letter was addressed by the Children's Sahayavani Center stating that Kumari Sumitra aged about 17 years came to their Office and informed that there is physical and mental ill-treatment 3 given to her in her house and she has made it clear that she is not willing to go with their parents. Therefore, requested to take the girl into their custody and there afterwards, complaint was lodged alleging that the present petitioner kidnapped the victim girl and he has also committed sexual intercourse on her.
5. Now, the investigation of the case is completed and charge-sheet has been filed. With regard to medical report, Doctor has reported that there is no evidence regarding recent act of sexual intercourse. Therefore, looking to the first letter addressed stating the victim girl aged about 17 years complained about her parents that they are giving ill-treatment to her. Hence, she do not want to continue in the house. But later on, it is no doubt true, in the statement of the victim girl, there is an allegation against the present petitioner that he has committed sexual intercourse on her. As the investigation is completed and charge-sheet has been 4 already filed and the present petitioner approached this Court earlier by filing the petition, as the investigation was pending, this Court ordered in Criminal Petition No.211/2014 that he has to apply for bail, after completing of investigation and filing of charge-sheet. Therefore, looking to these materials on record and as the petitioner is ready to abide by any conditions to be imposed by this Court, I am of the opinion that the present petitioner can be enlarged on bail by imposing stringent conditions. Accordingly, the petition is allowed.
The petitioner / accused No.1 is ordered to be released on bail for the alleged offences punishable under Sections 363, 344, 376 read with Section 34 of I.P.C. registered by the respondent - Police Station in Crime No.588/2013, subject to the following conditions:- 5
(i) Petitioner shall execute a
personal bond for a sum of
Rs.50,000/- (Rupees fifty
thousand only) with one solvent
surety for the likesum to the
satisfaction of the concerned
Court;
(ii) Petitioner shall not directly or
indirectly tamper with any of the
prosecution witnesses; and
(iii) Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE kvk