Karnataka High Court
Ajit Nabhiraj Upadhye vs The State Of Karnataka on 11 December, 2015
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 11th day of December 2015
Before
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
Criminal Petition No.101955/2015
Between:
Ajit Nabhiraj Upadhye,
Aged about 36 years,
Khadapur, Tq. Chikkodi,
Dist: Belagavi. ...Petitioner
(By Sri M.B.Gundawade for Sri K.Anandkumar, Advocate)
And:
The State of Karnataka
Through Ghataprabha Police Station,
By SPP, High Court Building,
Dharwad. ...Respondent
(By Smt. Veena Hegde, Government Pleader)
This petition is filed under Section 439 of Cr.P.C. seeking
to release the petitioner on bail in Crime No.232/2015 of
Ghataprabha Police Station punishable under Section 366A,
376(1), 376(2)(i), 370(2), 344 read with Section 34 of IPC and
Sections 4 and 6 of the Protection of Children from Sexual
Offences Act.
This petition coming on for Orders this day, the Court,
made the following:
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ORDER
This is a petition filed by the petitioner/accused No.6 under Section 439 of the Code of Criminal Procedure seeking his release on bail of the alleged offences punishable under Sections 366A, 376(1), 376(2)(i), 370(2), 344 read with Section 34 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, registered in the respondent police Station Crime No.232/2015.
2. The prosecution's case in brief is that on 14.03.2015 one girl by name Soumya a resident of Mamadapur Taluk, Chikodi, aged about 14 years joined the Government Girls' Primary School at Saundatti. On 17.04.2015 her mother took her to their village for a week. After lapse of two months, she returned back to school on 19.06.2015. She lied that regarding her maturity and doubting the same, they made a medical checkup of Soumya by one B.S.Kalled and it was disclosed that she was conceived and it was confirmed after medical checkup at Government Hospital, Saundatti. After making enquiry she disclosed that when she went along with her :3: mother on 07.05.2015, she and her friend Vidya a resident of Gokak were standing at Ghataprabha Railway Station, and at about 1.00 noon one person by name Ashok, a resident of Meerapuratti who is known to her aunt, took them in a train to Belagavi to celebrate festival at their place. At their home her wife Bharati was also present. Subsequent day, male member started to visit the house. Bharati wife of Ashok forced her to have sexual intercourse with the visitors. After ten days Ashok left them at the railway station and she went to the village from Ghataprabha railway station and Vidya went to Gokak. On the basis of the said complaint, the case has been registered for the alleged offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.6 and also the learned High Court Government Pleader for the respondent-State. Perused the records of the case and the grounds urged in the bail petition.
4. The Investigating Officer during the course of investigation produced the victim girl before the JMFC Court at Gokak and her statement has been recorded under Section 164 of :4: the Code of Criminal Procedure. Looking to the allegations made in the complaint as well as in Section 164 statement given by the victim girl, the name of the present petitioner is not at all mentioned. The investigation of the case is completed and the charge-sheet has been filed. Therefore, by imposing reasonable conditions, the petitioner/accused No.6 can be enlarged on bail.
Accordingly, petition is allowed. Petitioner/accused No.6 is ordered to be released on bail for the alleged offences registered in Crime No.232/2015 in the respondent - Police Station, subject to the following conditions.
i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
ii) Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii) Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE Kms