IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6198/2017 BETWEEN JAGADHEESH S/O. VENKATESHAIAH, AGED ABOUT 23 YEARS, R/AT NO.3590, 3RD CROSS, 5TH MAIN ROAD, VIJAYA NAGAR, HAMPINAGAR, 2ND STAGE, RPC LAYOUT, BENGALURU-560 040 AND ALSO AT NO.108, NEAR NANDINI MILK BOOTH, 17TH CROSS, NEAR BMTC BUS STOP VIJAYANAGAR, BENGALURU-40 (BY SRI GIRISH B. BALADARE, ADV.) AND STATE OF KARNATAKA, BY JNANA BHARATHI P.S., BENGALURU, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001 (BY SRI S. VISHWAMURTHY, HCGP) ...PETITIONER ...RESPONDENT 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.17/2017 OF JNANABHARATHI POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 366(A), 376, 120(B) AND 109 R/W. 34 OF IPC AND SECTION 4 OF POCSO ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is charge sheeted along with co-accused by the respondent-police for the offences punishable under Sections 366(A), 376, 120(B), 109 read with 34 of IPC and Section 4 of POCSO Act, 2012.
2. The allegation is, the 1st accused got acquainted with the victim girl/the daughter of complainant through face book, conspired with the co-accused, abducted her and confined her in the room belonging to CW11 and had physical relationship with her.
3. The 1st accused is enlarged on bail by order of this Court in Criminal Petition No.3252/2017. While disposing the said petition, the victim girl appeared before this Court and had made submission that she is intending to marry the 1st accused.
4. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and only on the voluntary statement of 1st accused he was implicated at the time of filing of charge sheet. In fact, on coming to know about the registration of case he had moved the Sessions Court for anticipatory bail. If anticipatory bail is granted for a limited period he will surrender before the Court and participate in the proceeding.
5. Learned HCGP submits that the Special Court has ordered NBW against him, which disentitles himself for anticipatory bail.
6. However, having regard to the facts and circumstances of the case, petition is allowed. Petitioner is granted anticipatory bail for a period of three weeks from today. Within the said period he shall appear before the concerned Court and apply for the regular bail in Crime No.17/2017 registered by the respondent-police. Till the disposal of the regular bail this order will be in force. If he arrested within the above period, he shall be released on bail on his executing self bond for a sum of Rs.50,000/- with one surety for the like sum.
Sd/- JUDGE SBS*