IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7259/2017 BETWEEN:
Smt Kamalamma W/o Rangaswamy @ Rangappa Aged about 48 years Occ: House Hold Work R/o Near Ambedkar Kalyana Mantapa, Rajendra Nagar Chitradurga-577 501. ... PETITIONER (By Sri Ravindra B Deshpande, Adv.) AND:
The State of Karnataka By Chitradurga Town Police Station Chitradurga District-577 501.
Represented by the State Public Prosecutor High Court Buildings Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Cr. No.514/2016 (Spl.C.No.58/2017) of Chitradurga Town P.S., Chitradurga District, for the offences P/U/S 504, 323, 506, 448, 366, 376 of IPC and Section 4, 6, 8 of POCSO Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of her arrest for the offences punishable under Sections 506, 354, 323, 448, 504, 363 r/w Section 34 of IPC registered in respondent police station Crime No.514/2016. Subsequently, after recording the statement of the victim girl during investigation, the offences under Sections 366A, 376 and 420 of IPC instead of 363 of IPC and the offence under Sections 4 and 8 of the POCSO Act were also added in the case.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. The mother of the victim girl is the complainant. She lodged the missing complaint and later on, the statement of the victim girl came to be recorded. So far as the offence under Sections 366A and 376 of IPC are concerned, it is against accused No.1 regarding kidnapping a minor girl and committing rape on her. So far as petitioner/accused No.2 is concerned, the allegations are, she along with other accused went to the house of the complainant and abused her in filthy language and also assaulted the complainant.
5. Looking to the materials on record, so far as the petitioner is concerned, at the most the alleged offences under Sections 504, 506 and 323 of IPC would be attracted. Now, the investigation is completed and chare sheet is also filed. The petitioner being a woman contended that she is innocent and not involved in committing the alleged offences and there is a false implication. She is ready to abide by any reasonable conditions to be imposed by this Court. Considering these materials, I am of the opinion that by imposing reasonable conditions petitioner could be admitted to anticipatory bail.
6. Accordingly, petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of her arrest for the alleged offences punishable under Sections 504, 323, 506, 448, 366, 376 of IPC and Sections 4, 6 and 8 of POCSO Act, 2012 registered in respondent police station Crime No.514/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make herself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp