Karnataka High Court
Hanumantha S/O Mariyappa Chetri vs The State Of Karnataka on 13 September, 2017
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.101955 OF 2017
BETWEEN:
1. HANUMANTHA S/O MARIYAPPA CHETRI
AGE: 32 YEARS, OCC: AGRICULTURIST,
R/O: HULIGI, TQ & DIST: KOPPAL.
2. MARUTHI S/O HANAMANTHAPPA
AGE: 30 YEARS, OCC: AGRICULTURIST,
R/O: HULIGI, TQ & DIST: KOPPAL.
... PETITIONERS
(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
A N D:
THE STATE OF KARNATAKA
(THROUGH MUNIRABAD P.S.)
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCHH AT DHARWAD.
... RESPONDENT
(BY SRI. ANAND K. NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CRIMINAL PROCEDURE CODE SEEKING TO ALLOW THIS
PETITION, GRANT ANTICIPATORY BAIL AND DIRECT THE
RESPONDENT POLICE TO ENLARGE THE PETITIONERS ON BAIL
IN THE EVENT OF THEIR ARREST IN CRIME NO. 41 OF 2017
REGISTERED BY MUNIRABAD POLICE STATION FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 363, 376, 114,
READ WITH 34 OFIPC AND SEC. 4 AND 6 OF POSCO ACT 2012.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners/accused No.2 and 3 under Section 438 of the Criminal Procedure Code seeking anticipatory bail, to direct the respondent Police to release the petitioners on bail in the event of arrest of the petitioners for the alleged offences punishable under Sections 363, 376, 114 read with Section 34 of the Indian Penal Code and 4 and 6 of the Protection of Children from Sexual Offence Act, 2012, registered in respondent Police Station Crime No.41/2017.
2. Brief facts of the prosecution case, that mother of the victim girl is the complainant in this case, wherein she has stated that on the date of the incident herself and her son were not in the house and her elder daughter had been out-side. The victim girl and the husband of the complainant only were in the house and when she came back to the house her daughter victim girl was not in the house and thereafter it was transpired after the return of :3: the victim girl, that accused No.1 and 2 took the victim girl. Accused No.1 was promising her that he will marry her and after taking her to the Hospete to the house of one person, she was kept for two days in the said house. At that time the accused No.1 Anjani forcibly committed the sexual intercourse on her. Thereafter the victim girl came to know that her parents are searching for her, somehow she escaped and came to the native. On the basis of the said complaint case came to be registered for the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioners/accused No.2 and 3 and also the learned High Court Government Pleader for the respondent/State.
4. I have perused the prosecution material, now the investigation completed and charge sheet is also filed. Looking to the complaint averments and the charge sheet material, it goes to show that serious allegations are against accused No.1 for the offence under Section 376 of :4: the IPC. So far as accused No.2 as averred in the complaint that Hanumantha/accused No.2 assisted accused No.1 Anjani in kidnapping the victim girl and so far as accused No.3/Maruthi is concerned, there are no allegations made in the complaint. Perusing the charge sheet material, I am of the opinion that so far as petitioner No.2/accused No.3 (Maruthi) is entitled for anticipatory bail. So far as petitioner No.1/accused No.2 (Hanumantha) is concerned, in view of the allegation in the complaint and other materials, it is not a case for grant of anticipatory bail to petitioner No.1/accused No.2.
5. Accordingly, the petition is allowed-in-part. Petition in respect of petitioner No.1/accused No.2 (Hanumantha) is rejected and petition in respect of petitioner No.2 /accused No.3 (Maruthi) is allowed. The respondent police are hereby directed to release the petitioner No.2 /accused No.3 (Maruthi) in the event of his arrest in Crime No.41/2017 registered for the above said offence, subject to the following conditions: :5:
i. Petitioner No.2 has to execute personal bond for a sum of Rs.50,000/- and furnish one surety for the like sum to the satisfaction of the arresting authority.
ii. Petitioner No.2 shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner No.2 has to make himself available before the I.O. for interrogation, as any when called for.
iv. Petitioner No.2 has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/-
JUDGE RHR/-