IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.68/2019 BETWEEN:
Sri.Gangadhar @ Babu, S/o. Ramaiah, Aged about 40 years, R/at Neralakere Village, Nuggehalli Hobli, Channarayapatna Taluk, Hassan District-573 121, Presently residing at, Malland West, Mumbai, Maharastra State, Pin:400 064. ...Petitioner (By Sri.Rahul Rai.K, Advocate) AND:
The State of Karnataka, Through Nuggehalli Police Station, Hassan District, Rep. by its State Public Prosecutor, High Court Building, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Smt. Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.226/2018 of Nuggehalli Police Station, Hassan District for the offence p/u/ss 366, 342, 114 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.226/2018 of Nuggehalli Police Station for the offences punishable under Sections 366, 342, 114 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 22.08.2018, the complainant and his wife went to coolie work. When they returned, they noticed that their daughter was not found in the house and they searched for the victim girl. Subsequently, they came to know that the accused petitioner got married about 20 years back to one Smt. Nagamma and out of the said wed lock, they got four children. Their relationship between the said Nagamma and the mother of the accused petitioner was strained and they were quarrelling. As such, the mother of the accused was planning to perform the second marriage of the accused petitioner with the daughter of the complainant. In that light on 22.08.2018, they came in a car to the house of the complainant and forcibly took the victim girl and confined her in a room. On the basis of the compliant, a case came to be registered.
4. It is the submission of the learned counsel for petitioner that the alleged incident has taken place on 22.08.2018 but the complaint was registered on 02.09.2018, there is ten days delay in filing the complaint. Further it is submitted that though the complaint has filed on 02.09.2018, same has been sent to the jurisdictional Court on 03.09.2018. There is one more day delay in sending the FIR and further it is submitted that the alleged offences are not punishable with death or imprisonment for life and there is no physical and mental ill-treatment caused by the accused petitioner. The said complaint has been filed only with an intention to tarnish the prestige and image of the accused petitioner in the eye of the society. It is submitted that he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused have kidnapped the victim and confined her in a room and after the release, her statement has been recorded. She has consistently stated in her statement that the accused petitioner along with accused No.2 have kidnapped her with an intention to marry accused No.1 and they have not forced her physically and mentally and statement under Section 164 of Cr.P.C., has been recorded. It is further submitted that still investigation is in progress and at this juncture, if the accused petitioner is enlarged on bail, he may tamper with the prosecution evidence and may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by both the learned counsel and perused the records.
7. On close reading of the complaint and other materials, it indicates that the main allegation is that the petitioner/accused No.1 along with accused No.2 forcibly kidnapped the daughter of the complainant and confined in the house for three days and have committed the alleged offences. The alleged offences are not punishable with death or imprisonment for life, whether he has forcibly kidnapped the victim girl or not? is a matter which has to be considered and appreciated at the time of trial but not at this pre-mature stage. Under such circumstance, I feel that by imposing some stringent conditions, if the accused petitioner is ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.226/2018 of Nuggehalli Police Station for the offences punishable under Sections 366, 342, 114 read with Section 34 of IPC subject to the following conditions:
1. The petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the chargesheet is filed.
5. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE VBS