IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8265 OF 2019 BETWEEN:
RIZIYA @ RAZIYA BANU, W/O SALEEM PASHA, AGED ABOUT 45 YEARS, R/O DOOR NO.2229-A, SHAMEERKHAN MOHALLA, MULBAGAL TOWN, KOLAR DISTRICT-563131. ...PETITIONER (BY SRI ANAND R V, ADVOCATE) AND:
STATE OF KARNATAKA, BY MULBAGAL TOWN POLICE STATION, KOLAR DISTRICT-563131, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01. …RESPONDENT (BY SRI HONNAPPA, 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 CR.NO.127/2018 OF MULABAGAL TOWN P.S., KOLAR FOR THE OFFENCE P/U/S 363,114,376 OF IPC AND SECTION 6 OF POCSO ACT AND ETC., 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 petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No.127/2018 of Mulbagal Town Police Station, Kolar District, for the offence punishable under Sections 363, 114 read with Section 34 of IPC. The Police after investigation submitted the charge sheet for the offence punishable under Sections 363, 114 and 376 of IPC and also under Section 6 of Protection of Children from Sexual Offences Act, 2012.
3. The petitioner is none other than the mother of accused No.1. The allegations are that the husband of the petitioner earlier married the complainant by name Shabeena. The victim girl is the daughter of said Shabeena. Thereafter, the said husband of the complainant i.e., Saleem Pasha, married the present petitioner i.e., Riziya @ Raziya Banu, and a son born to them by name Sadiq Pasha (accused No.1). It is alleged that accused No.1 was often visiting the house of the complainant and it appears that the victim girl and accused No.1 have developed some close intimacy with each other. In this context, it is alleged that on 22.06.2018 they all joined together in order to attend a ceremony of the father of one Mr.Yaseen, at that time, it is alleged that in the night at 10.10 p.m., petitioner and accused No.2 have abducted the victim and took her along with them. Thereafter, they went to various places and accused No.1 and the victim went to the house of the uncle of accused No.1 and they slept there, where it is alleged that accused No.1 had physical contact with the victim. Thereafter, they were secured and the case has been investigated and charge sheet has been filed.
4. Looking to the above said facts and circumstances, the offence under Section 376 of IPC and Section 6 of Protection of Children from Sexual Offences Act may be applicable sofar as accused No.1 is concerned. Sofar as this petitioner is concerned, there are no such allegations, the allegations against this petitioner are only under Sections 363 and 114 of IPC, which are not exclusively punishable either with death or imprisonment for life. The petitioner being a lady and the charge sheet has already been filed and the main allegations are against accused No.1, in my opinion, the petitioner is entitled to be enlarged on bail as sought for. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.127/2018 of Mulbagal Town Police Station, Kolar District, for the alleged offences, subject to the following conditions:-
i) The petitioner shall surrender herself before the jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and she 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 concerned jurisdictional Court.
ii) The petitioner shall not tamper with the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all the 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 of the Court till the case registered against her is disposed of.
BSR Sd/- JUDGE