Karnataka High Court
Krishnappa @ Kallu Buddi vs State Of Karnataka By on 14 August, 2014
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2542/2014
BETWEEN:
KRISHNAPPA @ KALLU BUDDI
S/O LATE THIRUMALAPPA
AGED ABOUT 60 YEARS
R/AT NADUPALLI VILLAGE
KOLAR TALUK-563132
...PETITIONER
(BY SRI A.G.NAGARAJA, ADV.)
AND
STATE OF KARNATAKA BY
KOLAR RURAL POLICE STATION
KOLAR
REP. BY GOVERNMENT PLEADER
HIGH COURT OF KARNATAKA
BANGALORE-560001.
...RESPONDENT
(BY SRI NASRULLA KHAN, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR. NO.94/2014
OF KOLAR RURAL P.S., KOLAR, FOR THE OFFENCE P/U/S
366A,307 OF IPC AND SEC.10 OF THE POCSO ACT, 2012.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is the petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Sections 366A, 307 of IPC and Section 10 of Protection of Children from Sexual Offences Act, 2012, registered in respondent - police station Crime No.94/2014.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned HCGP for the respondent-State.
3. Learned counsel for the petitioner during the course of his arguments submitted that there are no specific overtacts attributed to the petitioner. He has submitted that looking to the prosecution material there is no prima-facie case made out by the prosecution to show the involvement of the petitioner in the commission of alleged offence. He has submitted that petitioner being the age old person of 60 years, it cannot 3 be imagined that he has committed the alleged offence on the victim girl. He has also submitted that only with an intention to harass the petitioner, because of the ill- will between the complainant and the petitioner, he has been falsely implicated in the case. Petitioner is ready and willing to abide by any reasonable conditions to be imposed by this Court. Hence, learned counsel has submitted to release the petitioner on bail.
4. As against this, the learned HCGP during the course of his arguments submitted that prosecution material collected by Investigating Officer during investigation shows the commission of alleged offence by the petitioner. Hence, he submitted that the alleged offences are on the victim girl, who is studying in L.K.G. He has also submitted that the statement of victim girl prima-facie shows that petitioner has committed the alleged offence. Hence, he has submitted that petitioner is not entitled to be granted with bail.
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5. I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court on the bail application and also the materials produced in the case, so also, I have perused the file produced by the learned HCGP. Looking to the complaint averments, the teacher working in the Ghana Bhoda School filed the complaint on 20.02.2014 stating that at 3.30 p.m. the children were allowed to go to the playground and at 4.00 p.m. there was a bell and the children were called to stand in the queue to offer prayer. The complainant, P.E. teacher Chandru, and other teachers were making the children to stand in the queue. One student Sucharitha Marie studying in 5th Standard, screamed in perplexed mood and came to the complainant and informed that when they were in the playground she heard the screaming noise of LKG student Mounashree and when she turned and saw, one old man dragged Mounashree from the end portion of the playground towards eucalyptus grove, when she ran towards the said old man to rescue the said 5 Mounashree, then the old man, who was holding the stone in his hand came to assault her and she escaped. It is also stated by said Sucharitha Marie that she often seen the old man in front and rear side of the school and she can identify him, if she sees him again. The said old man was wearing red colour cap, khaki nikker and black colour shirt. Then, immediately complainant and other teachers went to the place shown by Sucharitha Marie and there, they saw that there was bleeding injury to the head of Mounashree and she was in an unconscious state and there was bleeding from the head on the face, she was lying unconscious and the blood was soaked on the big size stone. Looking to these materials, it shows that the old man took Mounashree to commit sexual harassment on her. Then, immediately they took Mounashree in the private vehicle to the hospital and P.E. Teacher Chandru was asked to attend to her in the hospital and the complainant requested to take action against the said old man.
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6. Perusing the materials collected during investigation, the doctor who examined victim girl, has opined that she has not been subjected to sexual harassment. In this regard, the chief Casualty Medical officer of R.L.Jalappa Hospital & Research Centre, addressed a letter dated 22.02.2014 to the Police Inspector, Rural Police Station, Kolar, that as per the opinion of Dr.Shruthi, there is no sexual harassment on the girl Kumari Mounshree. But the materials produced in the case show the involvement of the petitioner in the commission of alleged offence under Section 366A and 307 of IPC. But as submitted now, the investigation is completed and the charge sheet has been filed in the case. Since from the date of arrest petitioner is in custody and as the petitioner is aged 60 years, as mentioned in the cause title of the petition, which fact is not seriously disputed by the prosecution and the petitioner has also undertaken that he is ready to abide by any reasonable conditions to be imposed by this Court. The alleged offence under Section 366A and 307 7 of IPC are also not exclusively punishable with death or imprisonment for life. Hence, by imposing reasonable conditions petitioner can be admitted to bail.
7. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offence punishable under Sections 366A, 307 of IPC and Section 10 of Protection of Children from Sexual Offences Act, 2012, registered in respondent - police station Crime No.94/2014, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/-
JUDGE BSR