Karnataka High Court
Mallikarjun And Ors vs The State Of Karnataka on 13 August, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF AUGUST 2018
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.200678/2018
Between:
1. Mallikarjun
S/o Gurulingappa Rajapure
Age: 21 years, Occ: Student
T/o Kalamandargi village
Tq. & Dist. Kalaburagi - 585 103
2. Mallappa S/o Shantappa Bapure
Age: 30 years, Occ: Agriculture
R/o Kalamandargi village
Tq. & Dist. Kalaburagi - 585 103
3. Gurulingappa
S/o Gundappa Rajapure
Age: 55 years, Occ: Agriculture
R/o Kalamandargi village
Tq. & Dist. Kalaburagi - 585 103
... Petitioners
(By Sri Shiva Kumar Malipatil, Advocate)
And:
The State of Karnataka
Kamalapur P.S.
Tq. & Dist. Kalaburagi
2
Represented by SPP
High Court - 585 107
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This Criminal petition is filed under Section 439 of
Cr.P.C., praying to release the petitioners on bail in Crime
No.66/2018 of Kamalapur Police Station, Dist. Kalaburagi,
for the offences punishable under Sections 366(A), 376(2)(n),
342, 506, 109 read with Section 149 of IPC and Sections 4,
6, 11, 12 and 17 of Protection of Children from Sexual
Offences Act, 2012 and also Sections 3(1)(r), 3(2)(v) of SC and
ST (Prevention of Atrocities) Act, 1989, pending before the II
Additional Sessions Judge, Kalaburagi.
This petition coming on for orders, this day, the Court
made the following:
ORDER
Heard the learned counsel for the petitioners and the learned High Court Government Pleader and perused the records.
2. The petitioners are arrayed as accused Nos.2, 3 and 5 in Crime No.66/2018 registered by the Kamalapur police, for the offences punishable under Sections 366(A), 376(2)(n), 342, 506, 109 read with Section 149 of IPC and for the offences punishable 3 under Sections 4, 6, 11, 12 and 17 of Protection of Children from Sexual Offences Act, 2012 and also for the offences punishable under Sections 3(1)(r), 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989.
3. The brief factual matrix of the case are that:-
The victim girl has filed a complaint on 26.06.2018 making allegations that, she is the resident of Kalamandargi village. Accused No.1 by name Revansiddappa is a person, who has always teasing her and posing before her that he has been loving her and he would like to marry her etc. Though she was reluctant to join him, but on 15.06.2018 in the night hours at about 8.30 p.m., he forcibly took her to his land situated in Kalamandargi village and forcibly have had intercourse with her. It is alleged that, she was aged about 15 years and odd as on the date of incident.
Subsequently, on 20.06.2018 also, he took her to the 4 house of one Pooja D/o Motiram and left her with Pooja and went to attend his brother's marriage.
4. Subsequently, it is alleged that, on 21.06.2018, petitioner No.1/accused No.2 Mallikarjun and petitioner No.2/accused No.3 Mallappa have also threatened her with dire consequences of killing her, if she discloses the incident taken place between accused No.1 and herself and infact, petitioner No.3, who is none other than the father of accused No.1 also threatened her with dire consequences etc. Therefore, the whole allegation is made against accused No.1 and subsequent to the incident taken place between accused No.1 and the victim, the said threat has been given by the petitioners herein. There is no allegation that, prior to the incident, at any point of time, these petitioners have co-operated accused No.1 for commission of the above said offences.
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5. Under the above said circumstances, in my opinion, all these petitioners, who are already arrested and they are before the Court for bail under Section 439 of Cr.P.C. are entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioners/accused Nos.2, 3 and 5 shall be released on bail in connection with Crime No. No.66/2018 registered by the respondent-
police for the offences punishable under Sections 366(A), 376(2)(n), 342, 506, 109 read with Section 149 of IPC and for the offences punishable under Sections 4, 6, 11, 12 and 17 of Protection of Children from Sexual Offences Act, 2012 and also for the offences punishable under Sections 3(1)(r), 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989, on the following conditions:
i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees 6 One Lakh Only) with one surety each for the likesum to the satisfaction of the jurisdictional Court;
ii) They shall not indulge in tampering the prosecution witnesses;
iii) They shall appear before the Trial Court on all the future hearing dates without fail, unless exempted for any genuine reason by the Court.
iv) They shall not leave the jurisdiction of the trial Court without its prior permission till the case registered against them is disposed of.
Sd/-
JUDGE LG