IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.6575/2018 BETWEEN :
Dore S/o Range Gowda Aged about 30 years R/at Kokkanaghatta Village Kasaba Hobli, Hassan Taluk Hassan District-67 (By Sri Pratheep K.C., Advocate) AND :
… Petitioner The State of Karnataka by Alur Police Station, Hassan District, Represented by its State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
… Respondent (By Sri M.Divakar Maddur, 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 Crime No.227/2017 of Alur Police Station, Hassan District, for the offences punishable under Sections 366, 376 and 114 r/w Section 34 of Indian Penal Code and Section 6 and 18 of POCSO Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R I have heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
2. The present petition is filed by accused No.4 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.227/2017 of Alur Police Station for the offences punishable under Section 366, 376, 114 r/w. Section 34 of IPC and Sections 6 and 18 of POCSO Act.
3. Gist of the complaint is that on 19.5.2017, the complainant and his wife had been to attend a house warming ceremony at Singapura Village. When they came back to their house at 3.00 p.m., they noticed that the house was locked and their daughter victim girl was not found in the house. They made enquiry but it became in vain. A missing complaint was registered. Subsequently during the course of investigation it revealed that accused No.1 along with the remaining accused kidnapped the victim girl and got her married to accused No.1 who sexually assaulted her.
4. It is the submission of the learned counsel for the petitioner that already accused No.2 has been released on bail by this Court in Criminal Petition No.9022/2017 disposed of on 11.12.2017 and on the ground of parity, the petitioner-accused No.4 who is standing on the same foot is also entitled to be released on bail. He further submitted that only allegation as against the petitioner is that he facilitated accused No.1 to go along with the victim girl and it is accused No.1 who sexually assaulted her. He further submitted that already charge sheet has been filed. The petitioner is not required for the purpose of interrogation and investigation. He is ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the victim girl has been kidnapped with the aid and assistance of the petitioner and accused No.1 took her and he has sexually assaulted her. He further submitted that petitioner is absconding and is not available for the purpose of investigation or interrogation. The statement of the victim girl has been recorded under Section 164 of Cr.P.C wherein it has been revealed that the petitioner has assisted accused No.1 to take the victim girl along with him. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the records, already other accused persons have been released on bail and even the allegations as against the petitioner are not serious in nature. The only allegation which has been made as against the petitioner is that he facilitated accused No.1 to kidnap the victim girl and to get her married. Apart from that, no other serious allegations have been made as against the petitioner. Be that as it may, under the similar facts and circumstances already accused No.2 has been released on bail by this Court in Criminal Petition No.9022/2017 by this Court on 11.12.2017 by imposing some conditions. In that light, the petitioner is also entitled to be released on bail.
Accordingly, the petition is allowed and accused No.4-petitioner herein is granted anticipatory bail. In the event of his arrest in Crime No.227/2017 of Alur Police Station for the offences punishable under Section 366, 376, 114 r/w. Section 34 of IPC and Sections 6 and 18 of POCSO Act, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall co-operate with the Investigating Officer as and when required.
iv) He shall not tamper with the prosecution evidence in any manner.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-