IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10130/2017 BETWEEN:
KARAR BABA ALIAS KARRU S/O. JAFFAR ALI, AGED ABOUT 20 YEARS, RESIDING PERMANENTLY AT KOTE ANJANEYA TEMPLE, PAVAGADA TOWN, TUMKUR DISTRICT-572112.
(BY SMT. SANDHYA D., ADV. FOR SRI. NATARAJ) ... PETITIONER AND:
THE STATE OF KARNATAKA BY ITS PAVAGADA POLICE, TUMKUR DISTRICT-572112, REPRESENTED BY ITS S.P.P., HIGH COURT, BENGALURU-01.
... RESPONDENT (BY SRI. CHETAN DESAI, H.C.G.P.) THIP CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.228/2017 OF PAVAGADA P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 376, 506 OF IPC AND SEC.6 OF PROTECTION OF CHILDREN SEXUAL OFFENCES ACT.
THIS PETITION COMING FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING:
ORDER A case is registered for the offence punishable under Section 6 of POCSO Act, 2012 in Cr.No.228/2017 by Pavagada Police Station.
2. A complaint is lodged by one Lakshmamma, the mother of the victim. The petitioner is said to be known to their family. It is stated that the victim is a minor girl and the petitioner assuring to secure job to the victim, took her to various places including Pavagada and other places of Tumkur.
3. On 29.09.2017, the victim went to job at Pavagada and from there, her whereabouts were not known and it was on 02.10.2017, the accused called to the mother of the victim with Mobile No.702241436 and informed that he will be sending the victim back to Pavagada from Bengaluru and when the complainant and others went to the Bus Stop of Pavagada, the victim arrived at about 8.30 p.m. At that point of time, complainant came to know that one person Karar Baba, who is accused in this case by assuring that he will secure job at Garments took the victim along with him and committed rape on her.
4. Learned District Judge has rejected the application in Crl.Misc.1201/2017 dated 17.10.2017. The petitioner is said to be in judicial custody In the set of circumstances of the case, it is not proper to grant the relief of bail in this case to the petitioner. However, liberty is granted to the petitioner to move another application after submission of final report.
Accordingly, the petition is rejected.
Sd/- JUDGE VM