IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.615/2019 BETWEEN:
Smt. Anitha @ Kavya, Aged about 24 years, W/o. Sharanappa, House Hold Work, Residing near SMS Convent, Rajeev Gandhi Badavane, Davanagere – 577 001. ...Petitioner (By Sri. G.M.Srinivasa Reddy, Advocate) AND:
State of Karnataka, R/by Davanagere Women Police Through State Public Prosecutor, High Court Building Bengaluru – 560 001. ... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.121/2018 of Women Police Station, Davanagere for the Offence P/U/S.370, 506, 376 and 149 R/w Section 3, 4, 5, 6 of ITP Act and Section 4, 6, 17 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking her release on bail in Crime No.121/2018 (S.C.No.187/2018) of Davanagere Women Police Station for the offences punishable under Sections 370, 506, 376 read with Section 149 of IPC, Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 and Sections 4, 6 and 17 of Protection of Children from Sexual Offences Act, 2012.
2. I have heard the learned counsel for the petitioner/accused No.3 and the learned High Court Government Pleader for respondent-State. Though notice is served on the complainant, she remained absent.
3. Gist of the complaint is that on 11.07.2018, victim came to the women organization and thereafter, the parents of the victim was also brought to the said women organization. There, the parents told that their daughter-victim was left in the hostel and thereafter she left the hostel. Subsequently, the victim did not tell the truth before the parents. On enquiry, she told that when she was studying in the hostel, she left the hostel in middle and started going to the school near the house of her parents. Though she was not interested to go to school, but her mother was forcing her to go to school and herself decided to earn money. Further it is stated that about two years back, the victim came in contact with the petitioner-accused No.3 and she explained the financial condition of her family and then the petitioner introduced her to the Accused Nos.2 and 4 and asked her to go to their house to do household work. There, the victim noticed that the Accused Nos.2 and 4 are bringing some girls and men and making them residing together. When Accused No.1 came to the house of Accused No.2 and as on that day, there were no other girls, the accused No.2 asked the victim to sleep with the accused No.1 and for that she will pay extra money. Though she was not interested and did not agree, both the accused Nos.2 and 4 have abused her and assaulted her and forcibly made her to stay with the Accused No.1. As a result, accused No.1 committed an act of sexual assault on her, as and when accused No.1 visites the house and he used to sexually assault her. Subsequently, when the accused persons were not there in the house, she came to railway station and seeing her alone, the police took her to the hostel and thereafter they brought her to the said women organization. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner – Accused No.3 is not at all involved in the alleged offence, much less the sexual assault committed by other accused persons. Further it is submitted that petitioner/accused No.3 only introduced Accused Nos.2 and 4, as the victim was intended to work. In that light, no further overt-acts have been stated in so far as petitioner/accused No.3 is concerned. He further submitted that already charge sheet has been filed and the petitioner-accused No.3 is pregnant, she is due for delivery in the month of March. Under such circumstances, it may cause inconvenience and hardship to her. Further it is submitted that ingredients of the offences, which are leveled against the accused persons are not attracted. The petitioner/accused No.3 is ready to abide by the conditions imposed on her by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.3 along with other accused persons made the victim to involve in the prostitution and she has been sexually assaulted by the accused persons. There is a direct evidence to show the involvement of accused persons. He further submitted that still investigation is in progress and some more materials has to be collected. If the petitioner/accused No.3 is released on bail, she may tamper with the prosecution evidence, she 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 record.
7. As could be seen from the contents of the complaint, two years prior to the alleged incident the accused No.3/petitioner has come in contact with the victim and at that time the victim has told that she is in financial difficulties and wants to work. At that time, the petitioner/accused No.3 introduced her to accused Nos.2 and 4 and asked her to go to their house to do house hold work, Except the said allegation, no other specific overt-acts has been made to involve her in the sexual act. Be that as it may, I have perused the medical certificate, issued by the Doctor, Central Prison, Shivamogga, which indicates that the petitioner/accused No.3 was diagnosed with the pregnancy, she is due for delivery in the month of March-2019. Under the facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused No.3 is ordered to be released on bail, it is going to meet the ends of justice 8. Taking into consideration the above facts and circumstances, I am of the considered opinion that the learned counsel for the petitioner/accused No.3 has made out a case to release the petitioner/accused No.3 on bail. In that light, petition is allowed.
9. Petitioner/accused No.3 is enlarged on bail in Crime No.121/2018 (S.C.No.187/2018) of Davanagere Women Police Station for the offences punishable under Sections 370, 506, 376 read with Section 149 of IPC, Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 and Sections 4, 6 and 17 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. She shall not leave the jurisdiction of the Court without prior permission.
3. She shall appear regularly for the trial.
4. She shall not tamper with the prosecution evidence directly or indirectly.
Sd/- JUDGE KTY