IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.4720 OF 2017 BETWEEN:
1. ANANDHI @ KARTHIK D/O RAJENDRAN, AGED ABOUT 26 YEARS, 2. GANESH @ SINDHU S/O LATE ESHWAR, AGED ABOUT 18 YEARS, BOTH ARE RESIDING AT NO.19, 2ND FLOOR, 9TH CROSS, VAMBE QUARTERS, KHB COLONY, DODDAGUNTE, COX TOWN, BENGALURU – 560 005. …PETITIONERS (BY SRI. ROBIN CHRISTOPHER .J, ADV.) AND:
STATE OF KARNATAKA REPRESENTED BY PULAKESHINAGAR POLICE STATION, BENGALURU – 560 005 REP BY SPP, HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI. CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.292/2016 OF PULAKESHINAGAR POLICE STATION, BENGALURU CITY AND CC NO.58588/2016, FOR THE OFFENCE P/U/S 307, 323, 326, 344, 367, 420, 504, 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R Learned HCGP is directed to take notice for the respondent.
2. The petitioners (accused No.1 and 4 respectively) along with two others are charge sheeted in Cr. No.292/2016 by the respondent-police in respect of the offences punishable under Sections 344, 367, 323, 504, 506, 326, 307, 420, 370, 384 r/w 34 of IPC.
3. The allegation is, the petitioners are transgenders. They persuaded the victim to join their group and took him to their house; forcibly and sent him for begging; harassed him physically and mentally. When the mother of the victim sought for release of her son they illegally confined him in a room, abused the mother with filthy language, pursuant to which the victim turned hostile to his mother. Without the consent of the victim they took him to 7th accused and got amputated his penis etc. Accused No.2 and 3 (Shreya and Aishu) who are facing similar allegations are enlarged on bail by the order of this Court in Crl. P.No.1925/2017 and Crl. P.No.1734/2017 respectively. The investigation since complete, there is no impediment to allow the petition.
4. Accordingly, the petition is allowed.
Petitioners are enlarged on bail in Crime No.292/2016 of respondent–police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- each, with one surety for the likesum to the satisfaction of the concerned Court.
(ii) They shall attend the Court on the hearing dates regularly and punctually.
(iii) They shall not threaten or prevail upon the complainant and the prosecution witnesses.
(iv) They shall not approach the victim directly or telephonically.
(v) They shall not indulge in criminal activities.
Sd/- JUDGE KLY/