IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1744/2019 BETWEEN:
1. SMT. MANGALAMMA aGED ABOUT 49 YEARS, W/O NARAYANAPPA, R/O KRISHNA NAGARA, 2ND CROSS, BADDIHALLI, KYATHASANDRA, TUMAKURU.
2. SRI. NARAYANAPPA, aged ABOUT 50 YEARS, S/O LATE RANGANNA R/O NEAR ANJANEYA TEMPLE, SLN NAGARA, KYATHASANDRA, TUMAKURU.
3. SMT. JAYAMALA AGED ABOUT 42 YEARS W/O MANJUNATHA K M R/O KATTALEBILU ROAD, KYATHASANDRA, TUMAKURU.
4. SRI.MANOJ AGED ABOUT 20 YEARS, S/O MANJUNATHA, R/O SLN NAGARA, KYATHASANDRA, URDIGERE HOBLI, TUMAKURU.
5. SRI.MANJUNATH K M AGED ABOUT 45 YEARS, S/O MALLIKARJUNAIAH R/O SLN NAGARA, KYATHASANDRA, URDIGERE HOBLI, TUMAKURU ... PETITIONERS (BY SRI. M B CHANDRACHOODA, ADVOCATE) AND STATE BY WOMEN POLICE WOMEN POLICE STATION, TUMAKURU, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT ANNEX BUILDING, BENGALURU-560001 ... RESPONDENT (BY SRI. ROHIT B.J., HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.12/2019 OF WOMEN POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S.417, 114, 149 OF IPC AND SEC.6 OF THE POSCO ACT R/W SEC.3(2)(V) OF SC/ST (PREVENTION OF ATROCITIES) ACT 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for the Respondent-State. Perused the records.
2. Notice issued to the complainant is said to have been served and he remained absent as per the submission made by the learned HCGP.
3. The First Information Report discloses that accused No.1 and the victim girl were loving each other and in fact the said accused No.1 persuaded her that he would marry her and thereafter had physical contact with her. She discloses the same to her parents and in this context complaint came to be lodged against Madhusudhan (accused No.1). Police after registration of the case directed that they have to watch till the victim girl attain the age of majority for the purpose of performing her marriage. Thereafter also, it appears that the physical contact between accused No.1 and victim girl continued. It is alleged that the petitioner No.2 who is none other than the mother of accused No.1, supported her son in committing the above said acts. Except that there is no other allegations against the petitioner No.1 so as to attract the other provisions as alleged against accused No.1. Accused No.1 also said to have been released on bail before the trial court.
4. Learned counsel for the petitioners’ submits that he do not want to press the petition insofar as petitioner Nos.2 to 5 are concerned on the ground that petitioner No.2 has surrendered before the jurisdictional court and he was enlarged on regular bail. Further no charge sheet has been filed against the petitioner Nos. 3 to 5 and they were given up in the charge sheet and there is no apprehension of their arrest. Hence, he prays for dismissal of the petition as against petitioner Nos.2 to 5 are concerned.
5. Under the above said circumstances, petitioner No.1-mother of accused No.1 is also entitled to be enlarged on bail by imposing stringent conditions. Hence, the following:
ORDER The petition is dismissed insofar as petitioner Nos.2 to 5 are concerned.
The petition is allowed insofar as petitioner No.1 is concerned. Consequently, petitioner No.1 shall be released on bail in the event of her arrest in connection with Crime No.12/2019 of Respondent-Women Police Station, Tumkuru, Police Station, subject to the following conditions:-
i) The petitioner No.1 shall surrender herself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner No.1 shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner No.1 shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner No.1 shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Psg* Sd/- JUDGE