IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7945/2018 BETWEEN:
Papa Bayi, W/o. Narayana, Aged about 45 years, R/o: R.B. Thanda, Jageri Village, Kollegala Taluk, Chamarajanagar District – 571 440.
(By Sri.Vinay D. Hosmath, Advocate for Sri. D.S. Hosmath, Advocate) AND:
The State of Karnataka, By Kollegala Rural Police Station, Kollegala Taluk, Chamarajanagar District – 571 440. Rep By: SPP, High Court of Karnataka, ...Petitioner Bengaluru-560 001. ...Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of her arrest in Crime No.252/2018 registered by Kollegala Rural Police Station, Chamarajanagara for the offence punishable under Sections 363 and 376 read with Sections 4 and 8 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.4 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of her arrest in Crime No.252/2018 of Kollegala Rural Police Station for the offences punishable under Sections 363 and 376 of IPC and also Sections 4 and 8 of POCSO Act.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that on 27.08.2018 at about 3.30 p.m., when the daughter of the complainant/victim was studying in Don Bosco P.U., college, Mariyapura, Kollegala Taluk had finished her college and was going towards her hostel. At that time, petitioner called her to talk with her who had come with the other accused persons. When they were walking towards gate of the college, accused Nos.1 and 2 along with three other accused pulled out of the college gate and kidnapped her in a vehicle and thereafter, she was taken and forcibly got married and accused No.1 sexually assaulted against her will. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for the petitioner that the alleged incident has taken place on 27.08.2018 but the complaint was lodged on 30.08.2018. There is inordinate delay in filing the complaint. It is further submitted that there are no specific overt-acts and serious allegations against the petitioner, except the allegation that she called the victim when she was going to the hostel and helped the accused to kidnap her, except that no other allegations are there. It is further submitted that already accused No.2 has been released on bail even on the ground of parity, the accused petitioner is also entitled to be released on bail. It is further submitted that she is ready to abide by the conditions that may be imposed on her by this Court and ready to offer surety. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused No.4 is the main accused who assisted to kidnap the victim and took her to the various places and it is accused No.1, who has sexually assaulted her. Even the statement of victim has also been recorded under Section 164 of Cr.P.C., therein, it is stated that what is the role played by accused No.4. It is further submitted that since from the date of registration of the case, accused No.4 is absconding and not available for investigation or interrogation and if she is released on bail, she may tamper with the prosecution evidence and may not face the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials, it indicates that the only allegation which has been made against the petitioner/accused No.4 is that when the victim was proceedings towards hostel at that time, petitioner called her to talk and took her near the gate and at that time the remaining accused persons kidnapped her. Except that no other overt-acts are said to have been made. Be that as it may. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed and accused No.2 is released on bail, on the ground of parity, the petitioner is also entitled to be released on bail. In the light of discussions held by me above, petition is allowed and the petitioner/accused No.4 is enlarged on anticipatory bail in the event of her arrest in Crime No.252/2018 registered by Kollegala Rural Police Station, Chamarajanagara for the offence punishable under Sections 363 and 376 read with Sections 4 and 8 of POCSO Act subject to the following conditions:
1. Petitioner/accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Agency.
2. She should surrender before the Investigation Agency within 15 days from today.
3. She shall not tamper with the prosecution evidence either directly or indirectly.
4. She shall not leave the jurisdiction of the Court without prior permission.
5. She shall mark her attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
Sd/- JUDGE VBS