Karnataka High Court
Sri Venkatesh Kumar vs The State Of Karnataka on 10 July, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.2567 OF 2020
BETWEEN
Sri Venkatesh Kumar
S/o Dayananda
Aged about 35 years
R/at No.10, Ayyappa Layout
Dasarahalli, Bengaluru
Pincode: 562 114
...Petitioner
(By Sri R.V.Shivananda Reddy, Advocate)
AND
The State of Karnataka
By Banaswadi Police
Reptd. by State Public Prosecutor,
High Court Building,
Bengaluru - 560001.
...Respondent
(By Smt. K.P.Yashodha, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C, praying to enlarge the petitioner on bail in
Cr.NO.40/2020 of Banaswadi Police Station, Bengaluru for
the offence punishable under Sections 370 of IPC, Sections
3, 4, 5, 6 and 7 of I.T.P.Act and Sections 4 and 6 of
POCSO Act.
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This Criminal Petition coming on for orders this day
through video conferencing, the Court made the following :
ORDER
Heard the petitioner's counsel and the learned High Court Government Pleader.
2. Petitioner is accused No.1 in Crime No.40/2020 registered by the respondent-Police for the offence punishable under Section 370 of IPC AND Sections 3, 4 and 5 of Immoral Traffic Prevention Act, 1956. After completion of investigation, the police filed charge sheet for the offence punishable under Section 370 of IPC, Sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act, 1956 and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012.
3. The allegations found against the petitioner are that he was involved in human trafficking along with his wife. In this regard police obtained information and conducted a raid on 22.01.2020.
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4. One of the rescued girls has given a statement that accused No.2 is her mother and that she was forced to involve in prostitution at the instance of her mother and also the petitioner.
5. The offences alleged against the petitioner appears to be serious, but investigation is over and that the presence of the petitioner can be secured for the purpose of trial, I don't think that bail can be denied. Hence the following:
ORDER Petition is allowed.
The petitioner is ordered to be released on bail in connection with Crime No.40/2020 registered by Banaswadi Police Station, Bengaluru on his executing a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) and furnishing two sureties for the likesum to the satisfaction of the jurisdictional Court. The petitioner is also subjected to following conditions:4
i. He shall not tamper with the evidence collected by the investigating officer ii. He shall not directly or indirectly threaten the witnesses iii. He shall regularly appear before the Court for trial, without fail.
iv. Violation of any of the above conditions will result in automatic cancellation of bail.
v. He shall file his address proof before the trial court, and in case there is change in his address, the same shall be intimated to the trial court in writing.
Sd/-
JUDGE Kmv*