Raghu vs State Of Karnataka By Mandya East Police on 12 September, 2014

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Karnataka High Court

Raghu vs State Of Karnataka By Mandya East Police on 12 September, 2014

Bench: R.B Budihal

                             1



 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 12TH DAY OF SEPTEMBER 2014

                          BEFORE

        THE HON'BLE MR. JUSTICE BUDIHAL R.B.

          CRIMINAL PETITION NO.5175 OF 2014

BETWEEN:

1.     RAGHU
       S/O. NAGARAJU
       AGED 23 YEARS
       RESIDENT OF HALAHALLI SLUM
       MANDYA CITY-571427.

2.     MURUGA
       S/O. VEERA
       AGED 23 YEARS
       RESIDENT OF KARASAVADI VILLAGE
       MANDYA TALUK-571427.
                                             ... PETITIONERS
       (BY SMT. ARCHANA MURTHY, ADV.)

AND:

       STATE OF KARNATAKA
       BY MANDYA EAST POLICE
       MANDYA
       REPRESENTED BY S.P.P.,
       HIGH COURT
       BANGALORE-560001.
                                             ... RESPONDENT
       (BY SRI K. NAGESHWARAPPA, H.C.G.P.)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
CRIME NO.84/2014 OF MANDYA EAST POLICE STATION,
MANDYA, FOR THE OFFENCES P/U/S 363, 366, 344, 346 R/W 34
OF I.P.C.


      THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                             2




                        ORDER

This petition is filed by the petitioners / accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 363, 366, 344, 346 read with Section 34 of I.P.C. registered by the respondent - Police Station in Crime No.84/2014.

2. Heard the arguments of the learned counsel for the petitioners / accused Nos.1 & 2 and also the learned High Court Government Pleader for the respondent - State.

3. I have perused the averments made in the bail petition, F.I.R., complaint, order passed by the lower Court on the bail application.

4. Looking to the complaint averments, one Merry, wife of Rudra, filed a complaint in this case stating that she is working in the address mentioned in the said complaint, having the daughter - Jyothi, aged about 3 14 years, studying 9th standard in St. Joseph's Convent and one Supriya daughter of Shobha, studying 10th standard in the same School was the friend of Jyothi. During school holidays, both Jyothi and Supriya were working in clothes shop. On 19-4-2014, Jyothi and Supriya left the house telling that they will go to attend the work in clothes shop, but in the evening, they did not come back. Complainant enquired with her relatives so also with the mother of Supriya. She also told the same thing and thereafterwards she informed the same to the Police that her daughter - Jyothi as well as Supriya not at all come to the house and they are missing and requested the Police to take action in the matter. On the basis of said complaint, case has been registered.

5. During the course of investigation, the Investigating Officer has arraigned these petitioners as accused Nos.1 and 2. I have perused the statement of both the victim girls. In the statement, they have clearly stated that during the stay, there was no sexual assault on them by these petitioners. The petitioners have 4 denied the allegation and contended that they are innocent and there is false implication of them in this case. They have also undertaken that they are ready to abide by any conditions to be imposed by the Court. As submitted by the learned counsel for the petitioners and learned High Court Government Pleader, now the investigation has been completed and charge-sheet is filed in the matter. The alleged offences are also not exclusively punishable with death or imprisonment for life. For the present, nothing further is to be seized from the possession of the petitioners herein or to be interrogated by the Police. Hence, by imposing reasonable conditions, the petitioners can be admitted to bail. Accordingly, the petition is allowed.

The petitioners / accused Nos.1 and 2 are ordered to be released on bail for the alleged offences punishable under Sections 363, 366, 344, 346 read with Section 34 of I.P.C. registered by the respondent - Police Station in Crime No.84/2014, subject to the following conditions:- 5

      (i)     Each petitioner shall execute a

              personal   bond     for   a    sum   of

              Rs.50,000/-         (Rupees        fifty

              thousand only) with one solvent

              surety for the likesum to the

              satisfaction   of   the       concerned

              Court;


      (ii)    Petitioners shall not directly or

              indirectly tamper with any of the

              prosecution witnesses; and

(iii) Petitioners shall appear before the concerned Court regularly.

Sd/-

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