Karnataka High Court
Veerendra S/O Earanna vs The State Of Karnataka on 3 January, 2020
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2020
BEFORE
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION No.201460/2019
C/w.
CRIMINAL PETITION No.201461/2019
In Crl.P.No.201460/2019 :
Between :
Veerendra
S/o Earanna,
Age: 18 years,
Occ: Student,
R/o.Karatagi,
Tq: Karatagi/Gangavathi,
Dist: Koppal-583 227. .. Petitioner
( By Sri Mahantesh Patil, Advocate )
And:
The State of Karnataka
R/by Addl.SPP
High Court of Karnataka,
Kalaburagi Bench,
(Through Manvi P.S) - 585107. .. Respondent
(By Sri Mallikarjun Sahukar, HCGP)
Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
2
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of arrest in Crime No.91/2019 (Spl.Case (POCSO)
No.414/2019), of Manvi Police Station, District Raichur, for
the offences punishable under Sections 363, 376, 506, 109
r/w. Section 34 of IPC and under Sections 3, 4, 6 and 17
of POCSO Act, pending before I Addl.District Sessions
Judge Court at Raichur.
In Crl.P.No.201461/2019 :
Between :
Basavaraj
S/o Late Nagappa,
Age : 17 years,
Occ: Student,
Minor through Guardian
i.e., His natural mother
Smt.Umadevi W/o.Late Nagappa,
Age 45 years, Occ: Household,
R/o.Pothnal Village,
Tq: Manvi,
Dist: Raichur-584101. .. Petitioner
( By Sri Mahantesh Patil, Advocate )
And:
The State of Karnataka
R/by Addl.SPP
High Court of Karnataka,
Kalaburagi Bench-585 104.
(Through Manvi P.S). .. Respondent
(By Sri Mallikarjun Sahukar, HCGP)
Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
3
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioner on bail in the
event of arrest in Crime No.91/2019 (Spl.Case (POCSO)
No.414/2019) of Manvi Police Station, District Raichur, for
the offences punishable under Sections 363, 376, 506, 109
r/w. Section 34 of IPC and under Sections 3, 4, 6 and 17
of POCSO Act, pending before I Addl.District Sessions
Judge Court at Raichur.
These Petitions coming on for orders this day, the
court made the following:
COMMON ORDER
Both these petitions have been filed by the petitioners under Section 438 of Code of Criminal Procedure, seeking their enlargement on anticipatory bail in Crime No.91/2019 of Manvi Police Station, which is pending in Spl.Case (POCSO) No.414/2019, in Special Court & I Addl.Sessions Judge, Raichur District, Raichur, for the offences punishable under Sections 363, 376, 506, 109 read with Section 34 of Indian Penal Code (hereinafter for brevity referred to as `IPC') and Sections 3, 4, 6 and 17 of Protection of Children from Crl.P.No.201460/2019 C/w.Crl.P.No.201461/2019 4 Sexual Offences Act, 2012 (hereinafter for brevity referred to as `POCSO Act').
2. The summary of the case of the prosecution is that accused No.1 enticed the victim girl who was studying in the High School and was minor in her age and taking her to different places on two different dates, subjected her to sexual assault and also committed rape upon her. In the said process, he made use of accused Nos.2 and 3 to pass on a Cell phone with Sim card in it to the victim. As such, the charge sheet alleges that both these petitioners as accused Nos.2 and 3 have abated the commission of crime by accused No.1 as against the victim girl.
3. Learned counsel for the petitioners while reiterating the contentions taken up by the petitioners in their petitions submitted that, as against the Crl.P.No.201460/2019 C/w.Crl.P.No.201461/2019 5 present petitioners, neither any overt act has been alleged nor any material has been collected by the Investigating Officer to prove the alleged guilt. However, merely because they are said to have delivered a Cell phone to the victim girl at the instance of accused No.1, both the petitioners have been roped in the crime as though they have abated the commission of crime.
4. Learned High Court Government Pleader, who like in few other cases have not filed their objections to the petitions, submitted that CW-4, 5 and 6, who are the father, mother and Aunt of the victim girl, have in their statement stated that these two petitioners have delivered the Cell phone to the victim girl at the instance of accused No.1. Thus, the petitioners have abated the commission of crime. Crl.P.No.201460/2019 C/w.Crl.P.No.201461/2019 6
5. A perusal of the charge sheet material prima facie and at this stage would go to show that, as submitted by the learned High Court Government Pleader, it is only CWs.4, 5 and 6 who have stated about the alleged role of the present petitioners in the alleged commission of crime. The statement made by these three charge sheet witnesses would go to show that they have only stated that accused No.1 passed on a Cell phone with Sim card in it to the victim girl through accused Nos.2 and 3 who are said to be the relatives of the victim girl. Even if the said statement is taken on its facial value, still a doubt remains as to how the said act of merely passing of a Cell phone at the instance of accused No.1 would by itself amounts to an abatement of commission of crime. The said doubt can only be answered in a full-fledged trial. That being the case, when even according to the Crl.P.No.201460/2019 C/w.Crl.P.No.201461/2019 7 prosecution, except the above statement, there are no incriminating allegations against the petitioners, I do not find any reason to deny the benefit of anticipatory bail in favour of the petitioners. Admittedly, the investigation has already been completed and charge sheet has been filed and as such also, the apprehending of the accused for any recovery would not arise. However, the apprehension of the prosecution about the petitioners absconding from the trial can be checked by imposing reasonable conditions.
Accordingly, I proceed to pass the following order:
ORDER Both the Petitions are allowed. In case the complainant-police apprehends the petitioners namely, Veerendra S/o Earanna (in Criminal Petition Crl.P.No.201460/2019 C/w.Crl.P.No.201461/2019 8 No.201460/2019) and Basavaraj S/o Late Nagappa (in Criminal Petition No.201461/2019) in their station Crime No.91/2019 (Spl.Case (POCSO) No.414/2019, pending on the file of Special Court & I Addl.Sessions Judge, Raichur District, Raichur), for the offences punishable under Sections 363, 376,506, 109 read with Section 34 IPC and Sections 3, 4, 6 and 17 of POCSO Act, they be enlarged on bail, subject to the conditions :
i) That each of the petitioners shall execute a personal bond for sum of `50,000/- (Rupees Fifty thousand) with two solvent sureties for the likesum to the satisfaction of the enlarging authority/Court.
ii) The petitioners shall appear before the Special Court voluntarily within ten Crl.P.No.201460/2019 C/w.Crl.P.No.201461/2019 9 days from today and continue to appear before the trial Court on all the dates of hearing.
iii) The petitioners shall not hamper and tamper the prosecution witnesses in any manner.
iv) The petitioners shall keep informing the Investigating Officer, as well the trial Court in writing about the changes in their addresses, if any, and obtain an acknowledgement in that regard.
Sd/-
JUDGE bk/