IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10117 OF 2017 BETWEEN:
Hanumanthappa Tukkappa Lamani, Age: 27 years, Occ: Coolie, R/o. Allipur, Savanur Taluk, Haveri District-581118.
(By Sri. M.S. Purushothama, Advocate) And:
State of Karnataka, Through Savanur P.S. Rep by SPP, High Court of Karnataka, Bengaluru-560 001.
(By Sri. K. Nageshwarappa, HCGP) ... Petitioner ...Respondent This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr. No.179/2016 of Savanoor Police Station, Haveri and in Spl. (S.C.) No.27/2017 pending on the file of Principal District and Sessions Judge and Special Judge, Haveri for the offence p/u/s 363, 376(2) (N), 114 and 509 r/w 34 of IPC and Sec. 4, 6 and 12 of Protection of Children from Sexual Offences Act, 2012.
This criminal petition coming on for Orders this day, the court made the following:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 363, 376(2) (N), 114 and 509 r/w 34 of IPC and Sec. 4, 6 and 12 of Protection of Children from Sexual Offences Act, 2012, registered in respondent – police station Crime No.179/20176 2. To avoid wastage of judicial time, the facts of the case are culled out from the certified copy of the order available in S.C. No.27/2017.
“On going through the charge sheet and other materials, it is seen that on the basis of complaint filed by the mother of victim viz., Smt. Channavva, R/o. Allipur about the kidnap and causing of sexual assault on her minor daughter Kumari Kavita by the accused, the Savanur Police have registered a criminal case against accused in their P.S. Crime No.179/2016 and after completion of investigation they have led charge sheet before this Court for the offence punishable under Sections 363, 376(2) (N), 114 and 509 r/w 34 of IPC and Sec. 4, 6 and 12 of Protection of Children from Sexual Offences Act, 2012. Order Sheet would goes to show that during the crime stage on 25.11.2016 accused has been arrested by the Savanur Police and as per the orders of this Court he is in judicial custody. Seeking for his release similar bail petition was filed by the accused and on hearing both sides by the order dated 13.01.2017 the same was dismissed by this Court by way of considered Order. After filing of the charge sheet once again the present bail petition is filed for the release of accused wherein he has taken similar contentions stating that he is innocent having deep roots in the Society, he is ready to abide by the conditions that may be imposed by the Court and further ready to offer surety as per the directions of the Court, thus he has prayed to allow the bail petition.”
3. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Prima-facie case is not forthcoming in regard to the participation of the petitioner in the offence. Hence, prays to allow the petition.
4. On the other hand, the learned High Court Government pleader opposes the bail application.
5. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
6. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record. Considering the stage of the case, till the examination of the complainant, it is not just and proper to enlarge the petitioner on bail. Hence, the petition is rejected.
However, liberty is given to move the application.
Sd/- JUDGE snc