Karnataka High Court
Shruthi @ Kushi vs State Of Karnataka on 27 May, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4215/2022
CONNECTED WITH
CRIMINAL PETITION NOS.4250/2022 AND 4252/2022
IN CRL.P.NO.4215/2022
BETWEEN
SHRUTHI @ KUSHI
D/O RAJESH
AGED ABOUT 25 YEARS
R/AT 2ND CROSS
BHARATH NAGAR
MUNESHWARA LAYOUT
BANGALORE CITY-560091
...PETITIONER
(BY SRI HARISH KUMAR H C, ADVOCATE)
AND
STATE OF KARNATAKA
BY SUBRAMANYAPURA P.S
REP. BY HCGP
HIGH COURT OF KARNATAKA
BANGALORE-560001
... RESPONDENT
(BY SRI B.J.ROHIT, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.73/2022 OF SUBRAMANYAPURA POLICE STATION,
BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 354B, 354C, 376(2)(H), 370A, 506, 509, 504, 323,
324, 342, 363 READ WITH SECTION 34 OF IPC AND ETC.
IN CRL.P.NO.4250/2022
BETWEEN
ROOPA
D/O VENKATESH M
AGED ABOUT 26 YEARS
R/AT NO. NO.1123, 9TH MAIN
AMBEDKAR NAGAR
ULLALU UPANAGARA
BENGALURU-560032
...PETITIONER
(BY SRI GIREESHA R J, ADVOCATE)
AND
STATE OF KARNATAKA
SUBRAMANYAPURA POLICE STATION
BENGALURU-560061
REP. BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
... RESPONDENT
(BY SRI B.J.ROHIT, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HER ARREST IN CRIME NO.73/2022 OF
SUBRAMANYAPURA POLICE STATION, BENGALURU CITY FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 354B, 354C,
376(2)(H), 370A, 506, 509, 504, 323, 324, 342, 363 READ
WITH SECTION 34 OF IPC AND ETC.
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IN CRL.P.NO.4252/2022
BETWEEN
1 . KUMUDA
W/O LATE VENKATESH
AGED ABOUT 40 YEARS
2 . PRAMESH @ PARAM
S/O VENKATESH
AGED ABOUT 22 YEARS
PETITIONER NO.1 AND 2 ARE
R/AT NO.272, 9TH CROSS
AMBEDKAR NAGAR
ULLALU UPANAGARA
BENGALURU-560032
ALSO AT
NO.1123, 9TH MAIN
AMBEDKAR NAGAR
ULLALU UAPANAGARA
BENGALURU-560032
3 . HARSHA KUMAR @ KRISHNA
S/O UMESH
AGED ABOUT 23 YEARS
R/AT NO.136, MANGAMMANAHALLI
NEAR ULLALU BUS STAND
ULLALU UPANAGARA
BENGALURU-560032
...PETITIONERS
(BY SRI GIREESHA R J, ADVOCATE)
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AND
STATE OF KARNATAKA
SUBRAMANYAPURA POLICE STATION
BENGALURU-560061
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
... RESPONDENT
(BY SRI B.J.ROHIT, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.73/2022 OF SUBRAMANYAPURA POLICE STATION,
BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 354B, 354C, 376(2)(H), 370A, 506, 509, 504, 323,
324, 342, 363 READ WITH SECTION 34 OF IPC AND ETC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Crl.P.No.4215/2022 is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.1 in Crime No.73/2022 of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 354B, 354C, 376(2)(h), 370A, 506, 509, 504, 323, 324, 342, 363 read with Section 34 of IPC.
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2. The Crl.P.No.4250/2022 is filed under Section 438 of Cr.P.C. seeking anticipatory bail of the petitioner/accused No.2 in Crime No.73/2022 of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 354B, 354C, 376(2)(h), 370A, 506, 509, 504, 323, 324, 342, 363 read with Section 34 of IPC.
3. The Crl.P.No.4252/2022 is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioners/accused Nos.3 to 5 in Crime No.73/2022 of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 354B, 354C, 376(2)(h), 370A, 506, 509, 504, 323, 324, 342, 363 read with Section 34 of IPC.
4. Heard the learned counsel for the respective petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that these three petitions are by petitioners/accused Nos.1 to 5. The allegation in the complaint is that the complainant was staying in the house of accused No.1 for a period of one month from 02.01.2022 when the complainant was having financial difficulties and when 6 she was staying, on 03.02.2022, she was subjected for prostitution and when the complainant refused for the same, she subjected for harassment and immediately she left the house of accused No.1 and came to the house of her friend one Rashmi. That on 15.03.2022 at about 4.00 p.m, accused No.1 called over mobile of one Bharath and instructed to meet him and immediately these petitioners came in a motorcycle and spilled the chilly powder and snatched an amount of Rs.4,830/- and took them to the house of said Bharath and subjected for assault inhumanly and when the complainant made an attempt to go to the police station, at that time again she subjected for assault and accused Nos.1 and 2 also assaulted and while assaulting, her bangle was damaged and taking the sharpness of the very same bangle, she scratched on her face and accused No.3 also twisted her face, as a result, she had sustained injury and accused No.5 who is the driver of the auto he himself, husband of Roopa and her brother instructed the complainant to remove the cloth by showing weapon similar to the knife and when she refused to do the same, accused No.5, husband of Roopa and her brother instructed other boys who were there to hold her hands and legs and made her nude and the same was video 7 graphed and all of them including other accused persons took the video by causing threat on her and treated inhumanly and also inserted their private part on her mouth and urinated and at that time, the owner of the premises came and scolded the petitioners stating that he would call the police and accused persons pacified the owner stating that they themselves would go to the police station and hence, the complainant gave the complaint in detail making all these allegations. Based on the complaint, the police have registered the case against the petitioners for the aforesaid offences.
4. The learned counsel appearing for the petitioner/accused No.1 would submit that she is a lady and alleged incident was taken place according to the prosecution is on 15.03.2022 and the complaint was given on 17.03.2022 and this petitioner is in custody from last two months and an offence under Section 376 does not attracts against this petitioner and prayed to allow the petition. the learned counsel appearing for the petitioner/accused No.2 would submit that this petitioner is also a lady and an offence under Section 376 does not attracts against this petitioner and the alleged offences are not 8 punishable with death or life imprisonment and prayed to allow the petition. The learned counsel appearing for the petitioners/accused Nos.3 to 5 would submit that these petitioners are also in custody from last two months and the allegations made in the complaint clearly discloses that the exaggerated complaint is filed before the Court making certain allegations of inhumanity and the same is made with an intention to falsely implicate these petitioners and they have not indulged in any such offences and prayed to enlarge the petitioners on bail.
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that medical evidence discloses that the complainant was subjected to assault and there are six injuries as per the medical report and in the 164 statement, the victim stated the manner in which she was treated inhumanly and subjected her for assault when she did not give consent for prostitution and it is an offence against the society at large and prayed to dismiss the petition.
6. Having heard the respective counsel appearing for the parties and also on perusal of the material available on 9 record it discloses that the complainant was forced to subjected for prostitution and on perusal of the complaint it specifically mentioned that the complainant stayed in the house of accused No.1 for a period of one month where she was forced to sexual act and also there is an allegation against petitioner No.2 that she assaulted the complainant with her hands and an allegation against petitioner No.3 that she twisted her face and the medical report also discloses about six injuries and the petitioners i.e., accused Nos.1, 3 to 5 are in custody from the date of their arrest and particularly pointed out by the petitioners' counsel that the offence under Section 376 will not attract against these petitioners and also an allegation against petitioner No.2 is that she assaulted with her hands and the fact is that this complainant was stayed in the house of accused No.1 is not in dispute and an allegation is that they assaulted the complainant in the presence of general public and also in the house and also learned counsel for the petitioners would submit that nothing is mentioned with regard to that when they were subjected for assault in the public and when the owner came and questioned with regard to their act. Having taken note of these contentions and averments of the complaint and also offence under Section 10 376 is not attract against these petitioners. When such being the case, when accused Nos.1, 3 to 5 are in custody and the allegation against accused No.2 is that she assaulted with her hands on the complainant. Hence, it is a fit case to enlarge the petitioners exercising the discretion under Sections 438 and 439 of Cr.P.C.
In view of the discussions made above, I pass the following:
ORDER The petitions are allowed. Consequently, the petitioners/accused Nos.1, 3 to 5 in Crl.P.Nos.4215/2022 and 4252/2022 respectively shall be released on bail in connection with Crime No.73/2022 of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 354B, 354C, 376(2)(h), 370A, 506, 509, 504, 323, 324, 342, 363 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-
sum to the satisfaction of the jurisdictional Court.
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(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of.
The petitioner/accused No.2 in Crl.P.No.4250/2022 shall be released on bail in the event of her arrest in connection with Crime No. 73/2022 of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 354B, 354C, 376(2)(h), 370A, 506, 509, 504, 323, 324, 342, 363 read with Section 34 of IPC, subject to the following conditions:-
(i) The petitioner shall surrender herself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the 12 satisfaction of the concerned Investigating Officer.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall co-operate with the
Investigating Officer to complete the
investigation and she shall appear before the Investigating Officer, as and when called for.
(iv) The petitioner shall not leave the jurisdiction without prior permission of the Investigating Officer till the charge sheet is filed or for a period of three months, whichever is earlier.
(v) The petitioner shall mark her attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier.
Sd/-
JUDGE SN