IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4126/2019 BETWEEN MOTEBENNURU MAHANTHESHA S/O HITTAPPA AGED ABOUT 25 YEARS OCC: AGRICULTURIST R/O HALUVAGALU VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583 131 ... PETITIONER (BY SRI. S. G. RAJENDRA REDDY, ADVOCATE) AND THE STATE BY S.H.O. OF HALAVAGALU POLICE STATION HARAPANAHALLI TALUK DAVANAGERE DISTRICT REP. BY SPP, HIGH COURT BENGALURU-560 001 ... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.41/2019 OF HALAVAGALU POLICE STATION, DAVANAGERE DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 363, 366, 376 OF IPC AND SECTIONS 4 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 petitioner, learned High Court Government Pleader for respondent-State and perused the records.
2. The petitioner is the sole accused against whom a case has been registered in Crime No.41/2019 for the offence punishable under Section 363 of IPC. Initially, a complaint was lodged by the mother of the victim girl by name Rathnamma. It is alleged in the said complaint that the accused was persuading the victim girl and has taken her and she do not know where he has actually taken her. In spite of best efforts, she could not able to locate the whereabouts of the petitioner as well as the victim girl. On the basis of such complaint, the police have investigated the matter and during the course of investigation, they found the accused committed sexual intercourse on the victim girl and therefore, they have also invoked the provisions of Section 376 of IPC with other allied offences under Section 6 of the POCSO Act.
3. Learned High Court Government Pleader and the learned counsel for the petitioner have provided the statement of the victim girl made before police and as well as before the jurisdictional Magistrate u/s.161 and 164(5) of Cr.PC. respectively.
4. On careful perusal of the above said statements, it is clear that she has never stated in the said statement that at any point of time the accused behaved with her indecently and whether there was any sexual intercourse with her or not, and he forced for the same.
5. In the statement recorded u/s.164(5) of Cr.PC. she has not made any allegation against the accused except stating that he took her along with him. With the above, whether the said provisions are attracted or not have to be thrashed out during the course of full dressed trial. Further added to that, on the face of the records, it is only an offence u/s.363 of IPC is made out, which is not punishable either with death or life imprisonment or seriously punishable. Hence, under the above said circumstances, the petitioner is entitled to be enlarged on bail u/s.439 of Cr.PC. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.41 of 2019 of Halavagilu Police Station on the file of the Principal Civil Judge (Sr. Dn.) & CJM Court, Harapanahalli, Davanagere District, registered against him for the offence punishable under Section 363 of IPC, subject to the following conditions:
(i)The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in 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 till the case registered against him is disposed of.
PL* Sd/- JUDGE