IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 11th day of December, 2017 BEFORE THE HON’BLE MR JUSTICE BUDIHAL R B Criminal Petition No 9086 of 2017 BETWEEN:
SMT KAVITHA W/O NARAYANA GOWDA AGED ABOUT 43 YEARS R/T ULUVAGILU VILLAGE CHIKKAMAGALUR TALUK CHIKKAMGALUR DISTRICT-89 … PETITIONER [By Sri Pratheep K C, Advocate] AND:
THE STATE OF KARNATAKA REPT BY MALLANDUR POLICE STATION CHIKKAMAGALUR REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 ... RESPONDENT [By Sri Chetan Desai, HCGP] CRIMINAL PETITION IS FILED UNDER SECTION 439 CRPC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO 56/2017 OF MALLANDURU POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 370 R/W 34 OF IPC AND SECTIONS 3, 4 AND 5 OF IMMORAL TRAFFIC [PREVENTION] ACT, 1956.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner-accused No 1 under Section 439 CrPC, seeking to release her on bail in Crime No 56 of 2017, registered by the respondent-police for the offences punishable under Sections 370 read with 34 IPC and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.
2. Heard the arguments of the learned counsel for the petitioner and the learned HCGP appearing for the respondent.
3. Learned counsel for the petitioner submits that the present petitioner is in custody since 27-10-2017. He made submission that petitioner being a woman, by imposing reasonable conditions, she may be enlarged on regular bail.
4. Learned HCGP, on the other hand, submits that serious allegations have been made against the present petitioner and she is the accused No 1 in the case. The girls whom have been examined by the investigating officer also gave statements taking the name of the present petitioner. Learned HCGP also submits that the investigation is still going on and the final report has not yet been filed in the case. Hence, he submits that at this stage the petitioner is not entitled for grant of bail.
5. I have perused the grounds urged in the petition, FIR and other materials produced by the parties. When it is submitted by the learned HCGP that the matter is still under investigation and the final report is yet to be filed, giving liberty to the petitioner to approach the court immediately after completion of investigation and filing of final report, the present petition is rejected.
Sd/- JUDGE *pjk