Karnataka High Court
Lokesha vs State Of Karnataka on 8 July, 2014
Author: R.B Budihal
Bench: R.B Budihal.
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 08TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.3229/2014
BETWEEN:
1. Lokesha,
S/o. Basavaraju, Aged about 30 years,
2. Devaraju,
S/o. Basavaraju, Aged about 28 years,
3. Basavaraju,
S/o. Mudiyappa, Aged about 70 years,
All are residing at Mudenahatti,
Hagalavadi Hobli,
Gubbi Taluk,
Tumkur District-572 222. .. PETITIONERS
(By Sri. M. Shashidhara, Adv.)
AND:
State of Karnataka,
By Chikkanayakanahalli P.S.,
Tiptur Taluk,
Tumkur District.
Rep. by State Public Prosecutor,
High Court Building,
Bangalore-560 001. .. RESPONDENT
(By Sri. Nasrulla Khan, HCGP)
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This Criminal Petition is filed under Section 438 of
the Cr.P.C. praying to enlarge the petitioners on bail in
the event of their arrest in Cr. No.85/2014 of
Chikkanayakanahalli P.S., Tumkur District, for the
offences P/U/S 363 and 366A r/w Section 34 of IPC.
This Criminal Petition coming on for orders this
day, the Court made the following:
ORDER
This petition is filed by petitioners/accused Nos.2, 3 and 5 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 363 and 366A r/w Section 34 of IPC registered in respondent-police station Crime No.85/2014.
2. Heard the arguments of the learned counsel for the petitioners and also the learned Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner during the course of his arguments has submitted that even according to the prosecution case, the victim girl is aged 3 18 years, hence, the alleged offence under Section 366A of IPC is not attracted in this case. Accused Nos.4 and 6 have already approached this Court seeking their release on bail and this Court has considered the merits of the case and allowed the petition and granted bail to those two accused persons. Hence, on the ground of parity, present petitioners are also entitled to be granted with bail.
4. As against this, learned Government Pleader during the course of his arguments has submitted that the offences alleged against the petitioners are serious in nature. They took the victim girl along with them and thereafter when she was not agreeable for the marriage with accused No.5 they brought her and left her in the bus stand. Hence, petitioners are not entitled to be granted with bail.
5. I have perused the averments made in the bail petition and other materials produced by the petitioner along with the petition.
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6. This Court by order dated 25.6.2014 in Crl.P.No.3228/2014 has observed that the victim girl has completed 18 years of age and therefore, the alleged offence under Section 366A of IPC is not at all attracted and at the most the offence under Section 363 or 366 of IPC would be attracted and accordingly, on considering the merits of the case, has allowed the bail petition of accused Nos.4 and 6. As per the allegations in the complaint they are one and the same against all the accused persons. When on the same set of allegations, the other accused persons are already released on bail, I am of the opinion that petitioners are also entitled to be granted with bail on the ground of parity. The offences alleged are also not exclusively punishable with death or imprisonment for life and as submitted by both the sides, investigation is completed and charge sheet is filed. Therefore, by imposing reasonable conditions petitioners may be admitted to anticipatory bail. 5
7. Accordingly, petition is allowed. The respondent-police are directed to release the petitioners on bail in the event of their arrest for the alleged offences under Sections 363 and 366A r/w Section 34 of IPC registered in respondent-police station Crime No.85/2014, subject to the following conditions:
(i) Each petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court.
(ii) They shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) They shall make themselves available before the Investigating Officer for interrogation whenever called for.
(iv) They shall appear before the concerned Magistrate Court within 30 days from the date of this order and to execute personal bond and also surety bond.
Sd/-
JUDGE bkp