Karnataka High Court
Vasu vs The State Of Karnataka And Anr on 20 September, 2022
Author: P.N.Desai
Bench: P.N.Desai
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE P.N.DESAI
CRIMINAL PETITION NO.200819/2022
BETWEEN:
VASU,
S/O. MUKESH SALUNKE,
AGE:23 YEARS,
OCCU:LABOUR,
R/O.INDI ROAD,
BAMBAL AGASI,
VIJAYAPURA - 586 102 ...PETITIONER
(BY SHRI. R.S.LAGALI, ADVOCATE.)
AND:
1. THE STATE OF KARNATAKA,
THROUGH THE SHO, VIJAYAPURA WOMEN P.S.,
REPRESENTED BY THE
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585 103
2. SMT. DANAMMA,
W/O. NAGARAJ MUNJANNI,
AGE:38 YEARS,
OCC:HOUSEHOLD WORK,
R/O. SHIKHARAKHANE, VIJAYAPURA - 586 104
...RESPONDENTS
(BY SHRI. GURURAJ V.HASILKAR, HCGP FOR R1;
R2 SERVED.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, 1973, SEEKING TO
RELEASE THE PETITIONER ON BAIL IN CRIME NO.40/2019
(SPECIAL CASE (POCSO) NO.41/2019) OF WOMEN POLICE
STATION, DISTRICT-VIJAYAPURA FOR THE OFFENCES
PUNISHABLE U/SEC.363, 376, 344 OF IPC, AND U/SEC.5(L),
AND 6 OF POCSO ACT, PENDING BEFORE THE ADDL. SESSIONS
JUDGE AND FAST TRACK SPECIAL COURT-I, (POCSO) COURT,
VIJAYAPUR.
2
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
This petition is filed under Section 439 of the Code of Criminal Procedure, 1973, (for short hereinafter referred to as 'Cr.P.C.') seeking to enlarge the petitioner/accused on regular bail, in Crime No.40/2019 of Vijayapura Women Police Station, Vijayapura, registered for the offences punishable under Sections 363, 376 and 344 of Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') and Section 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short hereinafter referred to as 'POCSO Act') pending in Special Case (POCSO) No.41/2019 on the file of Additional Sessions Judge and Fast Track Special Court - I, (POCSO) Court, Vijayapura.
2. The petitioner earlier was enlarged on bail by the Special Court on 19.08.2019. But as the petitioner remained absent, he was taken to custody and again he was released on bail by Special Judge on 05.01.2021. It appears, again the petitioner remained absent and NBW came to be issued and he has taken to the custody and 3 since 26.11.2021, the petitioner is in judicial custody. The bail petition filed by the petitioner came to be rejected by the Sessions Court vide order dated 22.04.2022 passed in Crl.Misc.No.494/2022. Hence, he has filed this petition.
3. Heard Sri. R.S.Lagali, learned counsel for the petitioner and Sri. Gururaj V.Hasilkar, learned High Court Government Pleader for respondent No.1/State.
4. Learned counsel for the petitioner contended that in the year 2021, there was a sugarcane crushing season for the factories and the petitioner was engaged in the said work at Maharashtra and he could not attend the Court. Hence, NBW came to be issued and after knowing about issuance of NBW, in fact the petitioner has voluntarily gone to the police station. The petitioner is a permanent resident of Vijayapura and if he is remanded to judicial custody, he will be put to great hardship and he could not give his defence to his counsel. Now the petitioner undertakes to appear before the Court without fail on all dates of hearing and he is 4 also having dependants. The petitioner is ready and willing to abide any conditions that may be imposed on him by this Court. Hence, he prays to allow the petition.
5. Against this, learned HCGP argued that the order sheet of Trial Court indicates that the petitioner was granted bail by imposing conditions and one of the condition imposed was that the petitioner shall attend the Court regularly. As per the order sheet when the trial has commenced, the petitioner was absent. Therefore, the Trial Court has issued NBW. Again the petitioner has preferred bail petition seeking grant of bail, but the Sessions Court has rightly dismissed the bail petition and therefore, prayed to reject the petition.
6. I have perused the order sheet, order passed by the learned Sessions Judge and also materials on record. It is true that the petitioner though released on bail two times, but he remained absent and did not appear for trial of the case. The order sheet of the Trial Court indicates that the recording of evidence of witnesses before the Trial Court is under progress. The 5 purpose of granting the bail is to see that the accused appears for Trial on all dates of hearing, for identification and other purpose and ultimately if he is convicted and sentenced with fine, he be available to revive the same. The petitioner contended that, as there was a sugarcane crushing season, the petitioner was engaged in the said work to eke out his livelihood and he went to Maharashtra and therefore he could not attend the Court during the course of Trial. It appears, his bail bonds are also stand forfeited. The petitioner's counsel stated that the petitioner will appear before the Court without fail and furnish the adequate surety. It is evident that the accused is in judicial custody and at the same time, he has undertaken to abide the conditions that may be imposed on him.
7. Keeping in mind, the purpose of bail and right of defence of the accused, the petition deserved to be allowed.
8. Accordingly, I proceed to pass the following: 6
ORDER The criminal petition filed under section 439 of Cr.P.C. is allowed. The petitioner/accused in Crime No.40/2019 of Vijayapura Women Police Station, registered for the offences punishable under Sections 363, 376 and 344 of IPC and Section 5(L) and 6 of POCSO Act pending in Special Case (POCSO) No.41/2019 on the file of Additional Sessions Judge and Fast Track Special Court - I, (POCSO) Court, Vijayapura, shall be released on bail, subject to the following conditions.
i) The petitioner shall execute a personal bond for Rs.1,00,000/- with two solvent sureties for the like sum, to the satisfaction of the Trial Court.
ii) The petitioner shall not try to tamper and threaten the prosecution witnesses directly or indirectly.
iii) The petitioner shall furnish proof of his authenticated residential correct address, identity card such as, Aadhar card/voter ID card and mobile phone number, also the authenticated 7 documents regarding surety along with their photo and shall inform the Court/Investigating Officer if there is any change in the address/phone number.
iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court.
v) The petitioner shall not involve in any criminal activities and shall not commit similar offences as the one now alleged against them.
vi) The petitioner shall appear before the Court on all dates of hearing without fail as and when directed, unless his presence is exempted.
In case if any one of the conditions are violated, the prosecution is at liberty to move application for cancellation of bail.
Sd/-
JUDGE HJ