IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7470 OF 2016 BETWEEN:
Nagendra @ T.C.Nagendra, S/o Chikkathimmegowda, Aged about 45 years, R/o. Talakere Village, Turuvekere Taluk, Tumkur District-577227. …Petitioner (By Sri. J.K.Kittur, Advocate for S.P.Kulkarni, Advocate) AND:
The State of Karnataka, Represented by its Turuvekere Police, Now represented by S.P.P., High Court of Karnataka Building, Bengaluru-560001. …Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section-438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.81/2016 of Turuvekere P.S., Tumkuru for the offence P/U/S 343, 506 R/W 34 of IPC and Section 6 and 17 of POCSO Act and Section 3, 4, 5 and 6 of I.T.P Act ad Section 3(1)(xi), 3(1)(w)(i)(ii) of SC/SC (POA) Act.
This criminal petition coming on for Orders this day, the Court made the following:
ORDER Heard Sri.J.K.Kittur, learned counsel appearing for the petitioner and learned HCGP appearing for the State. Perused the records.
2. Petitioner has been arraigned as accused No.1 in Crime No.81/2016 (in Special Case No.272/2016) registered by Turuvekere Police Station, Tumkur for the offence punishable under Sections 343, 506 read with Section 34 of IPC and Section 6 and 17 of POCSO Act and Section 3, 4, 5 and 6 of I.T.P Act ad Section 3(1)(xi), 3(1)(w)(i)(ii) of SC/SC (POA) Act, 1989 and is seeking for being enlarged on bail in the event of his arrest.
3. Having heard the learned advocates it is noticed that gist of prosecution is that on 05.04.2016, victim girl that she had befriended Smt.Nagaratna- accused No.2 was taken by accused No.2 and accused No.3, while she staying along with her grandmother and confined in a rented house and said Smt.Nagaratna was bringing certain persons, receiving money from them and was permitted them to have forceful sexual intercourse with her. She has further alleged that after one week, said Smt.Nagaratna-accused No.2 had taken her to the house of petitioner, namely to his farm house and she was forced to have sexual intercourse with petitioner- accused No.1 and she had been confined in the said house.
4. On these allegations, complaint came to be registered before Turuvekere Police Station, who investigated the matter and filed the chargesheet. Hence, petitioner is apprehending arrest seeking for being enlarged on bail in the event of his arrest.
5. It is the contention of Sri.J.K.Kittur, learned counsel that petitioner is innocent of the offence alleged against him and he is a respectful citizen and has deep- roots in the village where he is residing and in order to tarnish his image in the village a false case has been filed against him and in view of there being no chance of petitioner absconding, he may be enlarged on bail. It is also stated that petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for allowing the petition by granting the prayer sought for.
6. Learned HCGP has reiterated the objections filed before the trial Court as well as before this Court and seeks for rejection of the petition.
7. Having heard the learned advocates appearing for both parties, it is noticed from the allegations made in the complaint that victim girl has stated that she was forcibly detained by accused No.2 and she was also forced to have sexual intercourse with unknown persons who were brought by accused No.2 and was receiving money. Victim girl has also stated that she was detained by accused No.2 in a rented house and her confinement continued for a period of one month. She further states that since she was staying with her grandmother, as on the date she was lured by accused No.2 and undisputedly said grandmother had lodged a complaint with the jurisdictional police stating that her grand-daughter was missing. On account of which, the police had come in search and after having seen the victim girl they had enquired with Smt.Nagaratna- accused No.2, who is said to have stated that victim girl is her daughter. She (victim girl) further states that police did not take any further steps thereafter.
8. As to why she did not raise hue and cry at that point of time or informed the police about she having been detained in illegal custody by Smt.Nagaratna-accused No.2 when they visited the place where she was residing no reason is forthcoming. However, no opinion is expressed in this regard at this stage, since it may prejudice rights of either parties. That apart, similar complaint had been lodged by the victim girl against one Sri.Deva @ Devaraja and Sri.Rajashekar @ Raja, which had resulted in filing of charge sheet in a Special Case No.582/2014 and same ended in acquittal by judgment dated 19.03.2016. These aspects are also which may be required to be taken note of, by the Jurisdictional Court at the time of considering the evidence that may be placed by the prosecution.
For the reasons aforestated, this Court is of the considered view that petitioner is entitled to be enlarged on bail in the event of his arrest. Further, in order to allay the apprehension expressed by the prosecution that accused may abscond, stringent conditions can be imposed to allay such apprehension.
Hence, the following, ORDER a) Criminal Petition is hereby allowed.
b) Petitioner is granted anticipatory bail and in the event of his arrest in Crime No.81/2016 registered by Turuvekere Police Station, Tumkuru, now in Special Case No.272/2016 pending before the III Additional District and Sessions Judge, Tumkur, he is ordered to be released on bail on executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety for the likesum to the satisfaction of the jurisdictional Court and subject to following conditions:
i) Petitioner shall surrender before the Jurisdictional Court on or before 10.07.2017 and on such surrender, the Jurisdictional Court shall release him on bail;
ii) Petitioner shall not tamper or attempt to terrorize any prosecution witnesses;
iii) Petitioner shall not indulge in criminal activities of similar nature;
iv) Petitioner without seeking exemption shall appear before the jurisdictional Court on all dates of hearing except under exceptional circumstances;
SD/- JUDGE SB