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 9022 of 2017 BETWEEN:
MADHU M R S/O M G RAVI AGED ABOUT 19 YEARS R/AT MARCULI VILLAGE SHANTHIGRAMA HOBLI HASSAN TALUK HASSAN DIST-67 … PETITIONER [By Sri Pratheep K C, Advocate] AND:
THE STATE OF KARNATAKA REP BY ALUR POLICE STATION HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 ... RESPONDENT [By Sri Chetan Desai, HCGP] CRIMINAL PETITION IS FILED UNDER SECTION 438 CrPC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO 227/2017 OF ALUR POLICE STATION, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366(A), 376 AND 114 R/W SECTION 34 OF IPC AND SECTIONS 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
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-Madhu M R- under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail, directing the respondent-police to release him on bail in the event of his arrest for the offences punishable under Section 363 of IPC, registered by the respondent police in Crime No 227 of 2017. Subsequently, offences punishable under Sections 366A, 376 and 114 read with Section 34 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 were also added in the case.
2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent. I have perused the grounds urged in the petition, FIR, complaint and other materials produced in the case. So also, the order passed by the learned Sessions Judge, rejecting the bail petition of the present petitioner.
3. The father of the victim girl is the complainant in this case, wherein he has stated that himself and his wife had been to attend a house warming ceremony at Singapura village and after attending the function, when they came back to the house at about 3.00 pm on 19-5-2017, it was under lock and their daughter Lavanya @ Bhoomika was not in the house. They enquired with the neighbours and relatives about their daughter, but in vain. Hence, the complainant filed the complaint with the respondent police by giving particulars to trace his daughter.
4. On the basis of the said compliant, the respondent police, initially, registered a case under Section 363 IPC against unknown persons. But, subsequently, other offences were to be added.
5. I have perused the statement of the victim girl recorded under Section 164 CrPC before the JMFC. Looking into the said statement, it is seen that there is nothing stated therein against the present petitioner. I have also perused the remand application dated 30-5-2017. The allegations made in the remand application are against the accused Devaraja that he took the victim girl to the lodge and he has committed forcible sexual intercourse with the victim girl. In so far as the present petitioner is concerned, no such allegations are found even in the remand application.
6. Learned counsel for the petitioner produced a copy of the bail order dated 22-7-2017 passed by the Additional District and Sessions Judge, Hassan, in Cr. No 179 of 2017, where under, the accused No 1 Devaraju has been granted bail. He also submitted that one Kempamma is also arraigned as an accused and produced a copy of the bail order dated 19-6-2017 of the said court, passed in Cr.No 179 of 2017, granting bail to said Kempamma, 7. Looking into the materials produced by the prosecution, in so far as the present petitioner is concerned, there is no such allegation against him. The petitioner contended that he is innocent and has been falsely implicated in the case. He is ready to abide by any reasonable conditions that may be imposed by the court.
Hence, this is fit case to exercise the discretion in favour of the petitioner.
8. Accordingly, the petition is allowed. The respondent- police is directed to release the petitioner herein on bail, in the event of his arrest for the above offences registered by respondent police station in Crime No 227 of 2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for ` 50,000/- [Rupees fifty thousand only] and has to furnish one 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 has to make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with further investigation.
iv. The 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 *pjk