IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 1426 OF 2019 C/W CRIMINAL PETITION NO. 1483 OF 2019 IN CRIMINAL PETITION NO. 1426 OF 2019:
BETWEEN:
1. Joshiya Ammanna @ Mr.Alfred Josi Ammanna S/o K.R.Ammanna, Aged about 67 years, Occ: Retired KIOCL Employee, R/at n-3-127, R, RTO, Test Yard Road, Thopakal, Vamanjoor, Thiruvail, Mangalore D.K – 575028.
2. Benet Ammana S/o J.R.Ammanna, Aged about 52 years, Occ:Archive Assistant, R/at No-3-121-12-2, Thiruvali Village, Mangalore – 575028. ...Petitioners (By Sri.Dineshkumar.K.Rao, Advocate for Sri.R.B.Deshpande, Advocate) AND:
1. State of Karnataka by Narasimharaja Police Station, Mysore City – 570001.
Rep By Spp, High Court Buildings, Bengaluru – 560 001.
2. Nirmala Aged about 42 years, Occ: self employed, R/at President, Women Power, Manjunathewara Swasahaya Gumpu, N.R.Mohalla, Mysore City – 570001. ...Respondents (By Sri.M.Divakar Maddur, HCGP for R1 Police report awaited in R/o R2) 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 Cr.No.23/2019 of Narasimharaja Police Station, Mysuru City for the offences punishable under Sections 363, 376, 504 read with Section 34 of IPC and under Sections 3, 6, 8, 12 of POCSO Act 2012 and under Section 3(1)(w)(i)(ii), 3(1)(u), 3(2)(v), 3(1)(s) of SC/ST (POA) Act.
IN CRIMINAL PETITION NO. 1483 OF 2019:
BETWEEN:
Guru Sebastian Jathanna @ Sebastian J.Jathanna, S/o Herbert Jathanna, Aged about 48 years, Occ: Church Father, R/at 1-113, Pangala Gudde, Pangala Udupi, District-Udupi – 578112. ...Petitioner (By Sri.K.Shashikiran Shetty Sr. Counsel for Sri.K.Prasanna Shetty, Advocate) AND:
1. State of Karnataka by Narasimharaja Police Station, Mysore City – 570001.
Rep By Spp, High Court Buildings, Bengaluru – 560 001.
2. Nirmala W/o not known to petitioner Aged about 42 years, Occ: self employed, R/at President, Women Power, Manjunathewara Swasahaya Gumpu, N.R.Mohalla, Mysore City – 570001. ...Respondents (By Sri.M.Divakar Maddur, HCGP for R1 Notice not ordered in R/o R2) 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.23/2019 of Narasimharaja Police Station, Mysuru City for the offences punishable under Sections 363, 376, 506 read with Section 34 of IPC and under Sections 3, 6, 8, 12 of POCSO Act 2012 and under Section 3(1)(w)(i)(ii), 3(1)(u), 3(2)(v), 3(1)(s) of SC/ST (POA) Act.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R This Court by order dated 08.04.2019 directed the learned HCGP to keep the Investigating Officer present today. Today, the Investigating Officer is not present. He has sent the request stating that because of the visit of the Hon’ble Prime Minister of India to Mysore, he has engaged in Bandobast duty and he has sent the Head Constable by name Prasad H.P, No.373 of Mandi Police Station. On his instruction, learned HCGP submits that the victim and the complainant have not been traced and the Investigating Officer is likely to file the ‘B’ report in respect of the said case and there is no apprehension of arrest of the accused/petitioners in this case.
2. The said submission has been placed on record and there is no apprehension of the accused being apprehended. In that light, petitions are disposed.
Sd/- JUDGE NS