Karnataka High Court
Reena vs State Of Karnataka on 18 December, 2013
Author: H.S.Kempanna
Bench: H.S.Kempanna
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 18TH DAY OF DECEMBER, 2013
BEFORE
THE HON'BLE MR. JUSTICE H.S.KEMPANNA
CRIMINAL PETITION NO. 6943 OF 2013
C/W
CRIMINAL PETITION NO. 6944 OF 2013
CRIMINAL PETITION NO. 6943 OF 2013
BETWEEN
1. REENA
W/O EDWIN
AGED ABOUT 33 YEARS
R/A NO.117
2ND CROSS, CHOWDESHWARI LAYOUT
SUBBANNAPALYA
BANGALORE-560043
2. GLADIS
D/O GEORGE
AGED ABOUT 21 YEARS
R/A NO.108, 3RD CROSS,
IST MAIN ROAD, H B R LAYOUT
KAMMANAHALLI, BANGALORE.
... PETITIONERS
(By Sri SRINIVAS R, ADV.)
AND
STATE OF KARNATAKA
BY CHIKKABALLAPURA
RURAL POLICE STATION
... RESPONDENT
(BY SRI B. VISHWESHWARIAH - HCGP)
2
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN CR. NO.282/2013
OF CHICKBALLAPURA RURAL P.S., CHICKBALLAPURA,
FOR THE OFFENCES P/U/SS 366(a), 372 OF IPC AND
ALSO SEC.5 OF I.T.P.ACT AND SEC.23 AND 26 OF THE
JUVENILE JUSTICE ACT.
CRIMINAL PETITION NO. 6944 OF 2013
BETWEEN
SUMATI
W/O LATE DEVARAJU
AGED ABOUT 32 YEARS
R/A NO.66, GOWRIPALYA
J J R NAGAR, RAYAPURAM
BANGALORE - 560 018. ....PETITIONER
(By Sri SRINIVAS R, ADV.)
AND
STATE OF KARNATAKA
BY CHIKKABALLAPURA
RURAL POLICE STATION - 562 101.
... RESPONDENT
(BY SRI B. VISHWESHWARIAH - HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN CR. NO.282/2013
OF CHICKBALLAPURA RURAL P.S., CHICKBALLAPURA,
FOR THE OFFENCES P/U/SS 366(a), 372 OF IPC AND
ALSO SEC.5 OF I.T.P.ACT AND SECTIIONS 23 AND 26 OF
THE JUVENILE JUSTICE ACT.
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
The petitioners in these two petitions who are arrayed as A1, A2 and A7 respectively in Crime No.282/2013 of the respondent/police registered for the offences u/ss.366A, 372 of IPC, u/s.5 of the Immoral Traffic (Prevention) Act, 1956 and u/ss.25 and 26 of the Juvenile Justice Act are before this Court praying for releasing them on bail.
2. The respondent/police on the complaint of one M.S.Gopal representing District Child Prevention Unit, Chikkaballapur have registered the above case against these petitioners and four others and have taken up investigation. It is alleged among other things in the complaint on 17.10.2013 at about 1.00 p.m. when the complainant went to a Choultry situated near Sri.Shapavimochaneshwara Temple situated at Sonnapura village of Chickaballapur Taluk, there he found accused having brought a female child which was 20 days old by kidnapping the same from Bangalore and was selling the said child to A3 who is the priest of 4 the said temple for the purposes of subjecting that child to illicit intercourse with others and they had sold the said minor child for the purposes of indulging the same in prostitution and thus they have committed the aforementioned offences.
3. The learned counsel for the petitioners submits A5 and A6 in this case are the parents of the said child which is alleged to have been sold to A3. He further submits it is too far-fetched to imagine that the accused in the case would have sold a female child which was 20 days old for the purpose of seducing the same to have illicit intercourse with others and the said child was sold for consideration having regard to the facts of this case. He submits A5 and A6 who are the parents of the child had gone to the said Ashrama to hand over their child on their own for being brought up at the said place on account of their poverty. He further submitted the present accused are in custody sine 17.10.2013. Hence, in the circumstances they be released on bail.
4. The application is opposed by the State. 5
5. Having regard to the allegations made in the first information and taking in account the submission made by the counsel for the petitioners, as the accused are in custody since 17.10.2013 and further as A5 and A6 are the parents of the child, which is alleged to have been kidnapped and sold to A3, in the circumstances I do not find any justifiable reasons to decline the request of the petitioners.
6. Accordingly, I proceed to pass the following :-
ORDER
i) The Petitions are allowed;
ii) The petitioners are ordered to be released on bail on each of them executing a personal bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the learned Trial Judge subject to the following conditions :-
i) They shall not tamper with the prosecution witnesses;
ii) They shall make themselves available to the Investigating Agency as and when required;
iii) They shall attend the court on all the dates of hearing.
SD/-
JUDGE rs