IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 3276/2019 Between:
Sri Gangadhara, S/o Gangappa, Aged about 38 years, R/at Honnenahalli Village, Rajanukunte, Bengaluru North Taluk, Bengaluru – 560 064. … Petitioner (By Sri. Vasanthappa, Advocate) And:
State by Nandigiridhama Police Station, Chikkaballapura – 562 101. …Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.194/2018 of Nandigiridhama Police Station, Chickballapura for the offences p/u/s 363, 376, 306 of IPC r/w Sections 4 and 6 of POCSO Act, 2012 and under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No. 194/2018 for the offences punishable under Sections 363, 306, 376 of IPC, Sections 9 and 10 of Protection of Child Marriage Act, 2006 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.
2. The case of the prosecution is that a complaint came to be lodged alleging that offences were committed on the daughter of the complainant. On the basis of the complaint, FIR was lodged and investigation is stated to be in progress. Petitioner had approached the Sessions Court in Crl.Misc.No.781/2018 and obtained an order of anticipatory bail as per the order dated 28.01.2019. However, in view of the non- adherence to the conditions stipulated in the order, petitioner was taken into custody on 21.03.2019.
3. Learned counsel for the petitioner submits that petitioner was not made aware of the legal compliance and hence, a bonafide lapse has occurred and therefore, another opportunity be given. It is further stated that investigation is complete and charge sheet has been filed.
4. Taking note of the fact that the petitioner was enlarged on anticipatory bail as per the order dated 28.01.2019, noticing that charge sheet has been filed and the main allegations are against accused No.1, petitioner is entitled to be enlarged on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No. 194/2018 for the offences punishable under Sections 363, 306, 376 of IPC, Sections 9 and 10 of Protection of Child Marriage Act, 2006 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall appear before the Investigating Officer within 15 days from the date of release of this order.
(iii) The petitioner to co-operate in further investigation if required.
(iv) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(v) The petitioner shall not tamper with evidence, influence in any way any witness.
(vi) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP