Ravi Kumar vs The State By on 5 September, 2019

[Cites 7, Cited by 0]

Karnataka High Court

Ravi Kumar vs The State By on 5 September, 2019

Bench: K.N.Phaneendra

                              1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 05TH DAY OF SEPTEMBER 2019

                            BEFORE

        THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

         CRIMINAL PETITION NO.5669 OF 2019

Between:

Ravi Kumar
S/o late Hanumanthappa
Aged about 33 years,
Yadehalli Colony, Sompura Hobli
Nelamangala Taluk
Bengaluru Rural District
Bengaluru - 562 123
                                              ...Petitioner
(By Sri S.Raj Prabhu, Advocate)

And:

The State by
Dabaspete Police Station
Bangalore Rural District
Bangalore - 562 111

Rep by State Public Prosecutor
High Court of Karnataka
High Court Building
Bangalore - 560 001.                        ...Respondent

(By Sri Rohith B.J, HCGP)

      This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
                            2



Cr.No.74/2019 of Dobbespet Police Station, Bengaluru City
for the offence P/U/S 306, 109, 114 and 506 of IPC.

      This Criminal Petition coming on for Orders, this
day, the Court made the following:


                       ORDER

Heard the learned counsel for the petitioner and also learned High Court Government Pleader for the respondent-State. Perused the records.

2. The first information report diverges that on 13.06.2019, the complainant by name Narasimhamurthy has lodged a complaint stating that his daughter aged about 14 years was studying in 9th standard in Sumathi English School at Hirehalli and it is alleged that the accused No.1 by name Jagadeesha was pretending that he was loving the said girl and he was forcing her to marry him and in this context, he was ill-treating and harassing her by showing some obscene pictures in the mobile etc. It is alleged that 3 being frustrated in life, on 12.06.2019, the said girl has poured kerosene on herself and attempted to commit suicide and later, she succumbed to the injuries.

3. The main allegation is against Accused No.1 is that he was also helping and facilitating Accused No.1 in this regard. What is the nature of help that the petitioner was doing and what is the relationship between Accused Nos.1 and 2 is not forthcoming in the first information report itself. Except a bald and casual allegation against the petitioner, there is no other allegation whether he actually instigated or abetted the commission of the offence by Accused No.1. Under the above said circumstances, particularly under Section 439 of Cr.P.C., the petitioner is entitled to be enlarged on bail. Hence, the following:

ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.74/2019 of Dobbespet Police Station, registered for the offence punishable under Sections 306, 109, 114, 506 of IPC and Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-

(Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.

(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer till the report is filed.

Sd/-

JUDGE bnv

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