Karnataka High Court
Gangadhara vs The State Of Karnataka on 1 December, 2021
Author: K. Natarajan
Bench: K. Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01st DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.6674/2021
BETWEEN:
GANGADHARA
S/O ERAPPA
AGED ABOUT 23 YEARS,
R/AT K. GOPALAPURA VILLAGE
KANAKATTE HOBLI
ARASIKERE TALUK
HASSAN DISTRICT
...PETITIONER
(BY SRI. PRATHEEP K.C: ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY BANAVARA POLICE STATION
HASSAN DISTRICT
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATKA
BANGALORE-01
2. RANGASWAMI
S/O RANGAPPA
AGED ABOUT 37 YEARS,
R/AT BYADARAHALLI
GOLLARAHATTI VILLAGE
BANAVARA HOBLI
ARASIKERE TALUK
HASSAN-34
...RESPONDENTS
(BY SRI. SHANKAR H.S, HCGP
R2 -SERVED, UNREPRESENTED)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN SPL.C.NO.188/2021 IN CR.NO.45/2021
OF BANAVARA P.S., HASSAN FOR THE OFFENCE P/U/S.366-
A,376-2 R/W SEC.34 OF IPC AND SEC.6 OF POCSO ACT ON THE
FILE OF THE ADDITIONAL SESSIONS JUDGE, FTSC-1 AT
HASSAN.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., for granting bail in Crime No.45/2021 registered by Banavara Police station, pending in Spl.C.No.188/2021 on the file of the Additional District and Sessions Judge, FTSC-1 at Hassan, for the offences punishable under Sections 366A, 376(2) read with Section 34 of Indian Penal Code, 1860 (for short 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO' Act).
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2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that the complainant-Rangaswamy, father of the victim girl has filed a complaint before the police on 01.04.2021 alleging that his minor daughter aged about 15 years when coming back home from school found missing from 31.03.2021. During the investigation the police traced the victim girl at Kallugundi on 02.04.2021 where she was found along with the petitioner-accused and the petitioner ran away from the spot. The victim girl was rescued and subjected to medical examination. The petitioner was apprehended on 09.04.2021 and remanded to judicial custody. The petitioner has moved bail petition before the Sessions Judge, which came to be rejected. Hence, the petitioner-accused is before this Court.
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4. Learned counsel for the petitioner strenuously contended that the petitioner is innocent of the alleged offences. He has been falsely implicated in the case. The petitioner-accused is in custody for more than 6 months and he is ready to abide by any conditions that would be imposed by this Court. Hence, prayed for granting of bail.
5. Per contra, learned High Court Government Pleader seriously objected for granting of bail and contended that the investigation is completed and the charge sheet is also filed. If the petitioner is released on bail, he may tamper the prosecution witnesses. Hence, prayed for dismissal of the bail petition.
6. Upon hearing the arguments of learned counsel for the petitioner, learned High Court Government Pleader and on perusal of the records, it reveals that, Of course, the father of victim has filed 5 missing complaint and it was registered for the offence punishable under Section 363 of IPC, subsequently, after tracing of the victim girl the offence converted into Sections 366A and 376 of IPC. The statement of the victim girl was recorded under Section 164(5) of Cr.P.C by the Addl.CJ & JMFC, Arasikere, wherein she stated that on 31.03.2021 she went to the school and on the way the petitioner came in a motorbike and forcibly took her to Birur, subsequently, he took her to Kallugundi village to his relative house, then the police came there and apprehended. In the statement she has not implicated anything about detaining her in a room or committed sexual assault on her. The petitioner is in custody for more than 6 months. The investigation has been completed and the charge sheet is filed. The alleged offences are not punishable either with death or imprisonment for life. Since the investigation is completed, the presence of the 6 petitioner may not be required for further investigation. The petitioner is said to be permanent resident of the address mentioned above and fleeing away from justice does not arise. Therefore, in view of the statement of victim girl and without expressing any opinion on the merits of the case and by imposing stringent conditions, if petitioner-accused is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:
ORDER The criminal petition is allowed.
The Trial Court is directed to release the petitioner-accused on bail in Crime No.45/2021 registered by Banavara Police station, pending in Spl.C.No.188/2021 on the file of the Additional District and Sessions Judge, FTSC-1 at Hassan, for the offences punishable under Sections 366A, 376(2) read with Section 34 of Indian Penal Code and Section 6 of the 7 Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:-
i) The Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;
ii) The Petitioner shall not tamper with the
prosecution witnesses directly or
indirectly;
iii) The Petitioner shall not indulge himself in similar offences strictly;
iv) The Petitioner shall take the trial without causing any delay;
v) The Petitioner shall not leave the jurisdiction of this Court without prior permission of the trial court; and 8 If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.
Sd/-
JUDGE SKS