IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3545 OF 2019 BETWEEN:
M.D.IBRAR @ MUNNA AGED ABOUT 30 YEARS S/O M.D.YASIN R/AT PATVATOLA BISTORIYA W.NO.20, BISTARIYA ARARIA DUMBURIA BIHAR, BEGUSARAI BIHAR, INDIA 854334.
...PETITIONER (BY:SRI H.MALATESH, ADVOCATE) AND:
THE STATE – THROUGH THE ASST. COMMISSIONER OF POLICE MANGALURU SOUTH SUB-DIVISION MANGALURU (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 01.
…RESPONDENT (BY:SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.34/2019 OF ULLAL P.S., MANGALURU CITY FOR THE OFFENCE P/U/S 376(3) AND 366A OF IPC, SECTIONS 6 AND 10 OF POCSO ACT AND SECTIONS 3(1)(W)(I) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Respondent – Police have registered a case in Crime No.34/2019 for the offences punishable under Sections 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Sections 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 and Sections 376(3) and 366(A) of IPC.
3. The allegations are that the victim girl was aged about 15 years and she was abducted by the accused on the ground that, he fell in love with the victim girl and took her to Chickmagalore. In fact the accused married her and thereafter he had sexual intercourse with her by persuading her.
4. Subsequent to the registration of a case, petitioner has moved the trial Court for grant of bail and the same was dismissed. In the meantime, before the Special Court, victim girl and her mother have filed their affidavits stating that accused has not committed any acts against her, particularly sexual acts but actually victim girl and accused went together and came back. Even during investigation, victim girl was examined before the Court under Section 164(5) of Cr.P.C. Even in the 164 statement, she has reiterated that she went along with accused because accused insisted her to go to Chickmagalore and thereafter, she informed the same over phone to her mother. The mother has lodged a complaint on coming to know that both of them had been to Chickmagalore. It is also stated that accused and victim girl were loving each other. Accused has not behaved indecently with her at any point of time. The victim girl and her mother have taken U turn afterwards.
5. Under the facts and circumstances, irrespective of the fact that what may happen during the course of trial, at present considering the above said facts and circumstances, it is a fit case to enlarge the petitioner on bail.
6. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.34/2019 of Ullal Police Station, Mangaluru City, registered against him for the offences punishable under Sections 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Sections 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 and Sections 376(3) and 366(A) of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in hampering investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE VP