IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.6284/2018 BETWEEN SANTHOSH S/O KUMARA AGED ABOUT 22 YEARS R/AT NO.496, 4TH CROSS BRAMMAPUTHRANADI ROAD BRUNDAVANA NAGAR BENGALURU-560 056 ... PETITIONER (BY SRI. C. V. GAJENDRA, ADVOCATE) AND STATE OF KARNATAKA STATE BY HANUMANTHANAGARA PS HIGH COURT GOVT PLEADER HIGH COURT OF KARNATAKA BENGALURU-560 001 ... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.98/2015 OF HANUMANTHANAGAR POLICE STATION, BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366, 342, 376, 506 READ WITH 149 OF IPC AND SECTIONS 5(L), 6, 9(G) AND 17 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioner has arraigned as Accused No.3 in Special C.C. No.305/2015. There are as many as 7 accused persons and they were charge sheeted for the offences punishable under Sections 366, 342, 376 and 506 r/w. Section 149 of IPC and also 5(l),6, 9(g) and 17 of the POCSO Act, 2012.
3. As could be seen from the allegations made in the charge sheet are that, on 24.03.2015, Accused No.1 persuaded CW.2-victim girl, aged 15 years and took her to satellite bus stop and also Majestic in Bengaluru and at about 11.30 pm., he took her to the house of Accused No.7 and in the house of Accused No.7, Accused No.1 forcibly had sexual intercourse with the victim girl. It is also alleged that on 26.03.2015, Accused No.1 again ravished the victim girl and thereafter Accused No.7- Manjunath also had sexual intercourse with her. It is further alleged that, Accused No.1 once again took her to a lodge and there, Accused No.3 has committed rape on her. Again on 28.03.2015, Accused No.4 has committed rape on her and likewise it is stated that all accused Nos.1 to 7 have committed sexual intercourse with the victim girl. Though at the initial stages, the allegations were made only against Accused Nos.1 to 3, but after the investigation, it was found that Accused Nos. 1 to 7 have committed rape on the victim girl.
4. Considering the above said facts and circumstances, this Court had already enlarged Accused Nos. 5, 6 & 7 on bail and Accused No.2, who is a juvenile offender and Accused No.4 were also released on bail. The learned counsel also furnished the deposition of the victim girl recorded in Special C.C. No.305/2015 dated 26.03.2019, wherein she turned totally hostile to the prosecution and she has not even identified the accused persons or deposed anything against them.
5. Looking to the above said facts and circumstances of the case, the petitioner being Accused No.3 and though initially there are some allegations against him, but subsequently, the allegations made against all the accused persons, considering the above said fact, this court in Crl. P No.3810/2016 disposed of on 08.07.2016; Crl.P. No.2228/2016 disposed of on 13.04.2016 and Crl.P. No.3264/2015 disposed of on 29.06.2015, enlarged the Accused Nos.5 to 7 respectively on bail.
6. In view of the release of co-accused Nos. 2 & 4 to 7, who stand on the same footing as that of Accused No.3 and also considering the deposition of the victim girl made before the trial Court, I am of the opinion that, Accused No.3 is also entitled to be enlarged on bail. It is also a notable point that, Accused No.3 has been in judicial custody since four years six months. Hence, the following order:-
ORDER The petition is allowed. The petitioner- Santhosh (A3) shall be released on bail in Special C.C.
No.305/2015, arising out of Crime No.98/2015 of Hanumanthanagar Police Station, registered against him for the offence punishable under Sections 366, 342, 376, 506 Read With 149 of IPC and Sections 5(l), 6, 9(g) and 17 of POCSO Act, on the following conditions:-
i) The petitioner 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 jurisdictional Court.
ii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine reason.
iii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court, till the case registered against him is disposed of.
Sd/- JUDGE KGR*