Mastappa Alias Nitin S/O Annappa Naik vs The State Of Karnataka on 14 December, 2022

[Cites 7, Cited by 0]

Karnataka High Court

Mastappa Alias Nitin S/O Annappa Naik vs The State Of Karnataka on 14 December, 2022

Bench: K.Natarajan

                              1


     IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH,

                         DHARWAD

         DATED THIS THE 14TH DAY OF DECEMBER, 2022

                           BEFORE

            THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.103646 OF 2022

BETWEEN

MASTAPPA @ NITIN
S/O. ANNAPPA NAIK
AGED ABOUT 34 YEARS
OCC: HOTEL WORK
R/O. HIREDOMMI
MAVALLI-1, MURDESHWAR
TALUK: BHATKAL
DISTRICT: U.K.
KARWAR - 581 350                            ... PETITIONER

(BY SRI R.H. ANGADI, ADVOCATE)

AND

1.      THE STATE OF KARNATAKA
        (MURDESHWAR POLICE STATION)
        REP. BY STATE PUBLIC PROSECUTOR
        HIGH COURT OF KARNATAKA
        DHARWAD BENCH
        DHARWAD - 580 011.

2.      SMT. SAVITRI
        W/O. RAMA NAIK
        AGED ABOUT 49 YEARS
        OCC: COOLIE WORK

        R/O. DOMIMANE, KANNADA SCHOOL
        MAVALLI-2, MURDESHWAR
        TALUK: BHATKAL
                            2


     DISTRICT: U.K.
     KARWAR - 581 350.                     ... RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, ADVOCATE FOR R1)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PRESENT PETITIONER/ACCUSED ON BAIL IN
SPECIAL CASE NO.150/2021, PENDING ON THE FILE OF COURT
OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1,
U.K., (SPECIAL COURT FOR TRIAL OF CASES UNDER POCSO
ACT), KARWAR, IN CONNECTION WITH MURUDESHWAR P.S.
CRIME NO.83/2021, FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 376, 504 OF IPC AND UNDER SECTIONS 4 AND 6 OF
POCSO ACT, 2012.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:

                         ORDER

This petition is filed by the petitioner-accused under Section 439 of Cr.P.C., for granting regular bail in Special Case No.150/2021, pending on the file of Court of Additional District and Sessions Judge, FTSC- 1, U.K. (Special Court for Trial of cases under POCSO Act), Karwar, in connection with Murudeshwar Police Station in Crime No.83/2021, for the offences punishable under sections 376, 504 of IPC and under Sections 4 and 6 of POCSO Act, 2012.

2. Heard arguments of learned counsel for the petitioner and learned HCGP for the State. Respondent No.2 present along with the HCGP and submits no objection for releasing the petitioner.

3. Learned counsel for petitioner submits the victim and complainant already turned hostile in the trial court and the trial is under progress. However, at the instance of the elders of the both families the parents of the accused as well as the respondent No.2 and decided to marry the victim girl but because of age of the victim as she is below 18 years, the marriage could not materialize. Considering the facts and circumstances of the case, the learned counsel submits the parents of the accused to file affidavit within two days. The respondent No.2 also submits and agreed to marry the petitioner with the victim girl, the daughter of respondent No.2.

4. Considering the facts and circumstances of the case, as the victim and complainant already turned hostile before the special court, therefore in the interest of justice and in the interest of victim and on the undertaking given by the petitioner counsel that the accused will marry the victim girl only after the attaining of the majority of the victim. Therefore, it is deemed fit and proper to grant bail to the petitioner. if bail is granted no prejudice would cause to the prosecution case. Hence, the following order:

ORDER Accordingly, the petition is allowed. The trial court is directed to release petitioner/accused on regular bail in Special Case No.150/2021, pending on the file of Court of Additional District and Sessions Judge, FTSC-1, U.K. (Special Court for Trial of cases under POCSO Act), Karwar, in connection with Murudeshwar Police 5 Station in Crime No.83/2021, for the offences punishable under sections 376, 504 of IPC and under Sections 4 and 6 of POCSO Act, 2012, subject to the following conditions:-

(i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with a surety for the likesum to the satisfaction of the trial Court;

(ii) Petitioner shall not indulge in similar offences strictly;

(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court;

(v) Petitioner shall take the trial without causing any delay and after his 6 release and after the victim girl attaining the age of majority, the petitioner shall marry the victim girl and after registration of the marriage and compliance of the same, affidavit shall be filed before the Additional Registrar General, Dharwad, immediately after the marriage and the same shall be brought to the notice of this court.

If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.

Sd/-

JUDGE AKV

Unlock Advanced Research with PRISMAI

Karnataka High Court