IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.1193/2019 BETWEEN:
1. Asha, Aged 44 years, W/o Veeresh, 2. Veeresh A., Aged 44 years, S/o Armugam.
Both are residing at:
No.234, 4th Cross, Muthumaramma Temple Road, Ullalu Upanagar, Bangalore – 560 056. ... Petitioners (By Sri Chandrahasa Rai B., Advocate) AND:
The State of Karnataka, By Puttenahalli Police Station, Bengaluru, Rept. By State Public Prosecutor, High Court Building, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioners on bail in Crime No.126/2018 of Puttenahalli Police Station, Bengaluru City for the offences p/u/s 366-A, 370, 372, 373, 376, 323, 120-B r/w 34 of IPC and Sections 4 and 6 of POCSO Act, 2012 and Sections 75, 79 of Juvenile Justice Act 2015 and Sections 3, 4, 5, 6 and 7 of ITP Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioners are arraigned as accused nos.3 and 5 in Crime No.126/2018 which culminated in filing charge sheet in Spl.C.C.No.500/2018 on the file of the LIII Additional City Civil and Sessions Judge, Bengaluru, for the offences under Sections 366-A, 370, 372, 373, 376, 323, 120-B r/w 34 of IPC and Sections 4 and 6 of POCSO Act, 2012 and Sections 75, 79 of Juvenile Justice Act 2015 and Sections 3, 4, 5, 6 and 7 of ITP Act.
2. The brief factual matrix of the case are that the complainant victim girl aged about 17 ½ years, after the death of her mother was taken to the house of accused nos.1 and 2 shown in the FIR by name Sagayi Raja and Mery. Thereafter, she was shifted to the house of petitioner nos.1 and 2. In fact, petitioner no.1 has again sent her to the house of one Jessica. It is specifically alleged that the said Jessica has abused her and exploited her by indulging the said girl for the purpose of prostitution for her wrongful gain. Even Jessica’s driver Muruli also taken advantage of the same and exploited her. It is also contended that thereafter she was again brought to the house of the first petitioner and petitioner’s husband also had sexual intercourse with that girl. On these allegations, a complaint has been lodged and after investigation, charge sheet has been filed.
3. At the time of filing of charge sheet, the names of accused nos.1 and 2 namely Sagay Raj and Mary were deleted and they were not charge sheeted. Out of the remaining accused persons, accused no.4-Jessica, accused no.6-Bharath, accused no.7-Murali and accused no.8-Raghu were already released on bail on different occasions by this court in Crl.P No.3725/2018 a/w 4016/2018 and also in Crl.P 3640/2018. In these petitions, this court has observed that the offence was alleged to have been taken place between 01.01.2012 and 01.08.2017 but after the lapse of nearly a year, the FIR was lodged on 06.04.2018.
4. The allegation against the petitioner no.1 is that she has sent the victim girl to the house of Jessica and in fact Jessica has exploited her by indulging her into prostitution. The allegations against accused persons namely Murali, Jessica Mery and Raghu who are already released on bail are that they also exploited the victim girl by having intercourse with her. Similar allegation is also made against the accused no.2. Therefore, in the above circumstances, in my opinion, the petitioners herein (accused Nos.3 & 5) are entitled to be enlarged on bail even on the ground of parity. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.126/2018 of Puttenahalli Police Station in Spl.C.C.No.500/2018 pending on the file of LIII Additional City Civil and Sessions Judge, Bengaluru registered against them for the offence punishable under Sections 366-A, 370, 372, 373, 376, 323, 120-B r/w 34 of IPC and Sections 4 and 6 of POCSO Act, 2012 and Sections 75, 79 of Juvenile Justice Act 2015 and Sections 3, 4, 5, 6 and 7 of ITP Act subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/- JUDGE Np/-