IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6493 OF 2017 BETWEEN:-
SADHIK S @ SADDU S/O SAIFULLA KHAN, AGED ABOUT 23 YEARS WORKING AS BIKE MECHANIC, NEW MANDLI, N.T.ROAD, SHIVAMOGGA, R/AT AGASAVALLI, HAIHOLE ROAD, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT-577201. ... PETITIONER (By Sri: KASHINATH J D, ADVOCATE) AND:
STATE OF KARNATAKA BY N.R.PURA POLICE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ... RESPONDENT (By Sri: K.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.22/2017 OF N.R.PURA POLICE STATION, CHIKKAMAGALURU AND SPL.C.NO.22/2017, FOR THE OFFENCE P/U/S 366,366A, 376(2)(n), 344 OF IPC AND SEC.5(L),6,17 OF POCSO ACT AND SEC.3(1)(w), 3(i)(ii), 3(2)(V) OF SC/ST (PA) ACT. THE I ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU HAS REJECTED THE BAIL APPLICATION ON 6.6.2017 IN CRIME NO.22/2017.
THIS CRL.P 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. No written objections are filed by the State opposing the petition.
2. Crime No.22 of 2017 was registered against the petitioner herein on the basis of the complaint lodged by the father of the victim alleging that on 14.3.2017, when the complainant and his minor daughter aged about 17 years 11 months had been to Kolar, the accused abducted the minor girl. The investigation has been completed. In the course of the investigation, the accused was arrested alongwith the abducted girl in the house of the relatives of the petitioner/accused. Therefore, the material evidence in proof of the charges having already been collected and the investigation having been completed, I do not find that the custody of the petitioner is required to be extended.
3. Hence, the following order:-
Criminal petition is allowed. The petitioner is ordered to be enlarged on bail subject to the following conditions:-
a. The petitioner shall furnish a bond for Rs.1.00 lakh(Rupees One lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court;
b. The petitioner shall appear before the trial court as and when required;
c. The petitioner shall not threaten or allure the victim or the prosecution witnesses.
d. The petitioner shall not get himself involved in similar offences.
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Sd/- JUDGE