Karnataka High Court
Sharanappa S/O Gaibanna Bochin vs The State Of Karnataka on 7 March, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF MARCH, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200324/2017
Between:
Sharanappa S/o Gaibanna Bochin
Age: 15 years, Occ: Coolie
R/o Orijaling Nagar, Malkhed
Tq. Sedam, Dist. Kalaburagi
U/g of his natural brother
Bhagawan S/o Gaibanna Bochin
Age: 24 years, Occ: Driver
R/o Nijaling Colony, Malkhed
Tq. Sedam, Dist. Kalaburagi
... Petitioner
(By Sri Ishwar Raj S. Chowdapur, Advocate)
And:
The State of Karnataka
[Through Malkhed Police Station]
Represented by Additional State
Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri Sheshadri Jaishankar M., HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to direct the Investigating Officer to release
the petitioner on bail in the event of his arrest in Crime
No.9/2015 of Malkhed Police Station J.C.No.28/2015 which
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is pending before Juvenile Justice Board, Kalaburagi, which
is registered for the offence punishable under Section 396 of
IPC.
This petition is coming on for Orders this day, the
Court made the following:-
ORDER
This petition is filed by the petitioner/Juvenile Offender No.2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.9/2015 of Malkhed Police Station, registered for the offence punishable under Section 302 of IPC.
2. Brief facts leading to filing of the complaint are that, one M.V. Ramanamurthy lodged a complaint alleging that on 17.01.2015 at about 10.00 p.m., security guard informed him over the phone to the effect that a person has fallen dead in front of a shed, in 'C' block with grave injuries to the head and a iron pipe is lying by the side of dead body. Immediately, he went to the place and there he came to know that some miscreants have caused the death of the deceased by 3 assaulting with iron pipe during night hours. On the basis of the said complaint, a case was registered in Crime No.9/2015 for the offence punishable under Section 302 of IPC. The Investigating Officer investigated the case and has filed the charge sheet for the offence punishable under Section 396 of IPC against eight accused persons. The petitioner who is said to be child in conflict with law was shown as absconding in the charge sheet. Now apprehending his arrest, he is before this Court through his next guardian.
3. Heard the arguments of the learned counsel for the petitioner and learned High Court Government Pleader appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and he has not committed any offence alleged against him. He is apprehending his arrest as such, he has come before this Court for grant of anticipatory bail. He 4 has also contended that the only allegation made against the petitioner who is child in conflict with law is that he has stuffed the cloth into the mouth of the deceased thereby, assisted at the time of commission of the crime. Except that there are no overt-acts on the part of the petitioner. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition.
5. On the contrary, learned High Court Government Pleader appearing for the respondent-State has vehemently contended that petitioner has actively participated in the alleged crime and the offence alleged against the petitioner is punishable with death or imprisonment for life. He has also contended that petitioner is the main cause for the death of the deceased and at this juncture, if the petitioner is 5 released on bail, there is likelihood of he being absconded and he may not be available for trial. On these grounds, he prays for dismissal of the petition.
6. I have gone through the contents of the complaint and other material produced along with the petition.
7. Admittedly, petitioner was aged about 15 years at the time of alleged incident and now he may be aged 16 years. Though the charge sheet material indicates that child in conflict with law has also participated and has helped the other accused in the commission of the crime, but the provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 indicates that any person who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of 6 Criminal Procedure, 1973, or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. Proviso to the said Section empowers the Board to deny bail only when that particular child in conflict with law is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice. Otherwise, the child in conflict with law has to be released on bail in the event of he appearing before the Board. For the purpose of brevity, I quote Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 which reads as under:
"12. Bail to a person who is apparently a child alleged to be in conflict with law.-7
(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not released on bail under 8 sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.
4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail."
No such circumstances are indicated to attract the proviso to the said Section so as to reject the bail application. When the above proposition of law 9 indicates that he shall be released on bail, I feel that petitioner is entitled for bail.
8. For the aforementioned reasons, the petition is allowed.
The respondent-Police/Board are hereby directed to release the petitioner/Juvenile Offender No.2 (child in conflict with law) on bail, in the event of his arrest, for the above said offences, subject to the following conditions :-
i. The guardian/father/care taker of the petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the arresting authority/Board.
ii. The guardian/father/care taker has to undertake that he will take care of the child during the entire trial and he will also see that he will not bring the child in 10 conflict with law with any known criminal or expose the said person to moral or physical or psychological danger.
iii. The guardian/father/care taker shall undertake that he will keep the child in conflict with law present before the Board on all the dates of hearing.
Sd/-
JUDGE NB*