Karnataka High Court
Mohammed Hadi Jaman vs State Of Karnataka on 16 October, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION No.3829 OF 2020
BETWEEN:
1. Mohammed Hadi Jaman
S/o Mohammed Sahid
Aged about 27 years
Residing at Parvathi House
Avalahalli, Chenniganahalli
K.R.Puram
Bengaluru-560036.
2. M.M.Bajid
S/o Mosharip Mulla
Aged about 27 years
Residing at Parvathi House
Avalahalli, Chenniganahalli
K.R.Puram
Bengaluru-560036. ...Petitioners
(By Sri Kumara.K.G., Advocate)
AND:
State of Karnataka by
Kadugodi Police Station
Bangalore-560094.
Represented by State Public
Prosecutor, High Court Building,
Bangalore-560001. ...Respondent
(By Sri R.D.Renukaradhya, HCGP)
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This Criminal Petition is filed under Section 439
of Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.22/2020 (Spl.C.C.No.175/2020) of Kadugodi
police station, Bangalore for the offence punishable
under Sections 370, 372, 363, 376, 506 r/w 34 of IPC
and Section 6 of POCSO Act and Section 14(a)(b) of
Foreigners Act.
This Criminal Petition coming on for Orders
'through Video Conference', this day, the Court made
the following:-
ORDER
This petition has been filed by the petitioners- accused Nos.3 and 4 under Section 439 of Cr.P.C. to release them on bail in Crime No.73/2020 of Kadugodi Police Station (pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru) for the offences punishable under Sections 370, 372, 376, 363, 506 r/w Section 34 of IPC and under Section 6 of the POCSO Act and also under Section 14(a) (b) of Foreigners Act.
2. I have heard Sri.Kumara.K.G., learned counsel for petitioners-accused virtually and -3- Sri.R.D.Renukaradhya, learned High Court Government Pleader for the respondent-State.
3. The gist of the case of prosecution in brief is that on 04.02.2020 at about 8.15 p.m. the victim was at Majestic Bus stop and police brought her and left to BOSCO institution for shelter. She has stated that accused No.7 brought the victim from Bangladesh to Kolkata and from there to Bengaluru and kept her in his relative's house at K.R.Puram and accused Nos.1, 3 and 4 sexually assaulted her. They also used to force and send her for prostitution. Later, the victim escaped from the said place and came to Majestic and accordingly, she was rescued. On the basis of the complaint, a case has been registered.
4. It is the submission of learned counsel for petitioners-accused that common allegations are made against accused Nos.3 and 4. There are no specific allegations as against petitioners-accused to show that they have sexually assaulted the victim. The only -4- allegation made as against the petitioners-accused is that they have brought the victim from Bangladesh and sent her for prostitution. Even subsequently when her statement has been recorded she has clearly stated that petitioners-accused used to instigate the victim to go for prostitution and they used to assault her. Except that no other allegations are made. They are ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, they prayed to allow the petition and to release the petitioners-accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioners-accused have kidnapped and brought her to Bengaluru and forced her to prostitution. It is further submitted that petitioners-accused have also sexually assaulted the victim and there is prima facie material as against the petitioners for having involved in a serious offence of sexual assault. The petitioners- accused are the residents of West Bengal and if they are -5- released on bail, they may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On careful perusal of the charge sheet material made available by the learned counsel for the petitioners it is seen that victim was brought from Bangladesh to Bengaluru and was forced to do prostitution. On a close reading of the chargesheet material and statement of the victim recorded on 07.02.2020, it is seen that the petitioners-accused used to instigate the victim to go for prostitution and if she refuses they used to assault her and except that no other allegations have been made as against petitioners-accused Nos.3 and 4.
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8. Taking into consideration the factual matrix of the case and since there are no serious allegations as against the petitioners and also under similar circumstances this Court in Crl.P.No.4035/2020 by order dated 15.10.2020 has released accused No.2 on bail, on the ground of parity also the petitioners are entitled to be released on bail. In that light, this petition is allowed. The petitioners-accused Nos.3 and 4 are ordered to be released on bail in Crime No.73/2020 of Kadugodi Police Station pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 370, 372, 376, 363, 506 r/w Section 34 of IPC and under Section 6 of the POCSO Act and also under Section 14(a) (b) of Foreigners Act, subject to the following conditions:
i) Petitioners-accused Nos.3 and 4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two local sureties for the likesum to the satisfaction of the trial Court.-7-
ii) They shall be regular in attending the trial unless they have been exempted by the court for good reason.
iii) They shall not tamper with the
prosecution evidence directly or
indirectly.
iv) They shall not leave the jurisdiction of the
Court without prior permission.
v) They shall mark their attendance before
the jurisdictional police on 1st of every month in between 10.00 a.m. and 5.00 p.m. till the trial is completed.
vi) They shall not indulge in similar type of criminal activities. If they again indulge in similar type of criminal activities or violate any of the condition, the trial Court is at liberty to cancel the bail.
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JUDGE bkp