IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7634/2019 BETWEEN 1. MR. M. SRINIVAS S/O LATE MARIAPPA AGED 51 YEARS 2. MRS. ANNAMMA S/O MR. M. SRINIVAS AGED ABOUT 45 YEARS 3. MR. ANAND S/O MR. M. SRINIVAS AGED 38 YEARS 4. MR. KIRAN KUMAR S/O MR. M. SRINIVAS AGED 26 YEARS PETITIONER NOS. 1 TO 4 ARE RESIDENTS OF THIMMEGOWDANA PALYA TATHAGUNI POST KENGERI HOBLI KANAKAPURA MAIN ROAD BENGALURU – 560 062 5. MRS. MANJULA W/O MR. KRISHNAPPA AGED 48 YEARS 6. MR. KRISHNAPPA S/O LATE MAIYAPPA AGED 53 YEARS PETITIONER NOS. 5 & 6 ARE RESIDING AT NO.149 8TH CROSS, NEAR ARCHARD SCHOOL NAIDU LAYOUT, KONANAKUNTE CROSS BENGALURU SOUTH TALUK KONANAKUNTE BENGALURU – 560 062 ... PETITIONERS (BY SRI. I.S. PRAMOD CHANDRA, ADVOCATE) AND STATE OF KARNATAKA BY THALAGHATTAPURA POLICE BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.117/2019 OF THALAGHATTAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 363, 376 AND 120-B OF IPC AND SEC.4, 5(L) AND 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos.2 to 7 in Crime No. 117/2019 of Thalaghattapura Police Station, Bengaluru City, registered for the offences punishable under Sections 363, 376, 120(B) of IPC and Sections 4, 5(L), & 6 of POCSO Act, which is now pending before the Court of II Addl. District and Sessions Judge, and Special Judge, Bengaluru Rural District, Bengaluru.
3. The brief factual matrix of the case are that, a lady by name Smt. Chandramma lodged a complaint stating that, her daughter (Victim) aged 17 years 9 and months was missing from 13.06.2019 and she suspect that Accused No.1 might have abducted her with the help of Accused Nos. 2 to 7, who are stated to be the family members and relatives of the petitioner (A1).
4. On the basis of the said missing complaint, the police have registered a complaint and started investigation in the matter. Ultimately, the police found that the petitioner and the victim girl were loving each other and in that context, they had physical contact with each other. The petitioner took her to his maternal aunt’s daughter’s house and kept her there for a period of two months and after she attained the age of majority, the family members of the petitioner got married the victim girl with the petitioner in Chikka Thirupathi Temple.
5. The materials viz., Invitation Card and Marriage Photographs show that, the marriage of the victim girl with the petitioner (A1) has already taken place. The record also shows that, during investigation, the police have also got recorded 164 statement of the victim girl, wherein she has stated that, she was loving the petitioner. Her parents were searching for bridegroom for her and she was not willing to marry any one else except the petitioner. Therefore, she was confined in a room. In the month of September, 2019, she escaped from her parents’ house and went along with the petitioner and married him in Temple at Chikkathirupathi on 02.09.2019. She has also stated that her mother has filed a false complaint against the petitioner (A1).
6. The petitioners (A2 to A7) are stated to be the family members and relatives of the petitioner (A1). The allegation against them is that, they have helped the petitioner (A1) to abduct the victim girl and to get her marry in Chikkathirupathi Temple, after she attains the age of majority.
7. It is submitted by the learned counsel for the petitioners that, Accused No.1 was arrested by the respondent–police and he was in judicial custody. Therefore, the petitioners (A2 to A7) apprehend their arrest at the hands of the respondent-police. It is also submitted that, the petitioner (A1) is released on bail under Section 439 of Cr.PC. by this Court vide order dated 19.11.2019 in Crl. P. No.7617/2019.
6. In the facts and circumstances of the case, the petitioners (A2 to A7) and also in view of the submission that, Accused No.1 is released on bail by this Court in the above noted case, I am of the opinion that these petitioners (A2 to A7) are also entitled to be enlarged on bail. Hence, the following, -
ORDER The Petition is allowed. Consequently, the petitioners (A2 to A7) are ordered to be released on bail in the event of their arrest in connection with Crime No. 117/2019 of Thalaghattapura Police Station, Bengaluru City, registered for the offences punishable under Sections 363, 376, 120(B) of IPC and Sections 4, 5(L), & 6 of POCSO Act, which is now pending before the Court of II Addl. District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru.
(i) The petitioners shall surrender themselves before the concerned Investigating Officer within ten days and each of them shall execute their respective personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a 15 days on between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE KGR*