IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7573/2019 BETWEEN:
Anjinappa S/o late Venkataswamappa, Aged about 82 years, R/o Temple, Malenahalli Village, Bidaraguppe Post, Attibele Hobli, Anekal Taluk, Bengaluru Urban District-562107. …Petitioner (By Sri.Pavan Kumar G., Advocate for Sri.Gireesha J.T., Advocate for petitioner) AND:
State of Karnataka, By Attibele Police Station, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560001. ... Respondent (By Sri.Rohith B.J., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.327/2019 of Attibele Police Station, Bengaluru for the offence punishable under Sections 212, 366-A, 370 of IPC and Section 14(a) and (b) of Foreigners Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.9 in Cr.No.327/2019 of Attibele Police Station, Bengaluru for the offence punishable under Sections 212, 366-A, 370 of IPC and Section 14(a) and (b) of Foreigners Act.
3. The complaint averments discloses that on 28.09.2018, a victim girl who was aged about 15 years was taken away for the purpose of prostitution and the complainant came to know that the said girl was detained in the house of petitioner situated at Mallenahalli. The respondent police have raided the said house and found some of the foreign nationals were kept in the said house, particularly girls who were aged between twelve and twenty one years were kept in the said house. Accused Nos.1 to 7 alleged to be responsible for bringing those girls for various purpose and wrongful gain and they used the said girls for prostitution.
4. Looking to the above said facts and circumstances of the case, it is the allegation against this petitioner that he lent his house to the accused persons but there is no mention in the complaint that the petitioner have knowledge about the said crime. Therefore, same has to be established during the course of investigation and trial. Further, there is no direct allegation against the petitioner that he was also involving in human trafficking. Except, he lent his house to the accused persons, there is nothing in the record to deny the bail application. Particularly, the petitioner is the resident of Malenahalli Village and he is ready and willing to abide by any of the conditions that may be imposed by the Court. Under the above the said facts and circumstances, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (accused No.9) shall be released on bail in the event of his arrest in connection with Cr.No.327/2019 of Attibele Police Station, Bengaluru for the alleged offences subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in fifteen days i.e.,on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE JS/-