IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.7775 OF 2017 BETWEEN:
1. BHOVI KARIBASAPPA S/O LATE BASAPPA AGED ABOUT 48 YEARS 2. RENUKAMMA W/O BHOVI KARIBASAPPA AGED ABOUT 44 YEARS BOTH ARE R/O. KULAHALLI VILLAGE HARAPANAHALLI TALUK DAVANGERE DISTRICT PIN: 583 131 … PETITIONERS (BY SHRI S.G. RAJENDRA REDDY, ADVOCATE) AND:
STATE OF KARNATAKA BY HARAPANAHALLI POLICE STATION DAVANGERE DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ... RESPONDENT (BY SHRI S.RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.138/2016 OF HARAPANAHALLI POLICE STATION, DAVANAGERE AND S.C.NO.153/2016 PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 9,10 AND 11 OF CHILD MARRIAGE RESTRAINT ACT, SECTION 376 OF IPC AND SECTION 4 OF POCSO ACT, 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition under Section 438 of Cr.P.C. is filed by accused No.2 and 3 seeking anticipatory bail in Crime No.138/2016, registered in Harapanahalli Police Station for offence punishable under Section 376 of IPC.
2. Complainant – Smt. Lakshmi filed FIR No.138/2016 on 13.08.2016 in Harapanahalli Police station alleging commission of offence punishable under Section 376 against one Olagundi Karibasappa (accused No.1). Police, after investigation have filed the charge sheet against five accused. Petitioners are parents of victim Lakshmi. The allegation against them in the charge sheet is victim was married to one Thimmeshi while she was minor.
3. Shri S.G. Rajendra Reddy, learned advocate for the petitioners adverting to the complaint, submits that there is no allegation against the petitioners so far as offences punishable under Section 376 is concerned. Charge sheet has emanated out of FIR, which is filed only for the offence punishable under Section 376 of IPC. Accordingly he prays for allowing this petition.
4. Shri S. Rachaiah, learned HCGP arguing in support of the Charge sheet, prays for dismissal of this petition.
5. I have carefully considered the submissions of learned advocate for the petitioners, learned HCGP and perused the records.
6. A careful perusal of the complaint shows that allegation under Section 376 of IPC is only against accused No.1. Petitioners are accused No. 2 and 3.
7. Further, the offences alleged are not punishable with death or life imprisonment. Therefore, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) In the event of arrest or voluntary surrender of petitioners before the jurisdictional Police or Magistrate on or before 25.01.2019, they shall be released on bail upon their executing a self bond for a sum of Rs. 25,000/- each with one surety each for the like sum to the satisfaction of the Investigating Officer;
(ii) Petitioners shall not tamper with the evidence;
(iii) Petitioners shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(iv) Petitioners shall not involve themselves in any criminal activities; and (i) If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE AV