IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6332 OF 2018 BETWEEN:
Shivu S/o Siddarajappa, Aged about 42 years, Baby Village, Mandya Taluk and District – 573 211.
(By Sri. Mohan Kumar D, Advocate for Sri. Satheesh Kumar A, Advocate) AND The State of Karnataka By Peenya Police Station, Bengaluru.
Represented by its State Public Prosecutor, High Court Complex, Bengaluru – 560 001 (By Smt. Namitha Mahesh B.G., HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.1190/2016 (C.C.No.7733/2017) of Peenya Police Station, Bengaluru City for the offence punishable under Sections 366A, 323, 344, 511 read with Section 34 of IPC and Sections 9 and 10 of the prohibition of Child Marriage Act and under Section 76 of Juvenile Justice (Care and Protection of Children) Act, 2015.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Petitioner is accused No.5 in Crime No.1190/2016 of Peenya Police Station, which is now pending in C.C.No.7733/2017 on the file of 45th Additional C.M.M. Court, Bengaluru. Petitioner and four others were charge sheeted in the said case for the offences punishable under Sections 366 (A), 323, 344, 511 read with Section 34 of IPC, Sections 9 and 10 of the Prohibition of Child Marriage Act and Section 76 of Juvenile Justice (Care and Protection of Children) Act, 2015.
2. The case of the prosecution in brief is as follows:
CW-2, the victim girl aged about 12 years, is the daughter of CW-1 and accused No.1. Accused Nos.1 and 2 kidnapped CW-2 on 16.11.2012 at 1.00 p.m., from her school and took her to Mandya and Srirangapatna and wrongfully confined her in those places. Further accused Nos.1 and 2 harassed CW-2 physically and mentally insisting her to marry accused No.2.
3. The allegation against the petitioner is that he helped accused Nos.1 and 2 in shifting the victim from Mandya to Srirangapatna. Except the petitioner, all other accused have been granted bail by the Sessions Court and this Court.
4. The victim in her statement recorded under Section 164 of Cr.P.C, has not named the petitioner. Even in the FIR, at the first instance, his name did not find figure. Now the investigation is completed and except for trial, the detention of petitioner is not required for any other purpose.
5. Under the circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
6. The petitioner is granted anticipatory bail in Crime No. 1190/2016 of Peenya Police Station, Bengaluru, which is now pending in C.C.No.7733/2017 on the file of 45th Additional C.M.M. Court, Bengaluru. subject to the following conditions:
(i) Petitioner shall appear before the concerned Court within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of `50,000/- and furnish one surety in the likesum to the satisfaction of the concerned Court for his appearance.
(ii) He shall appear before the Court as and when required for the purpose of trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE Mds/-