IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.284/2019 BETWEEN :
Sri Lokesh D.H. S/o Dollaiah Aged about 41 years No.8/1, Tulasi Nilaya, 1st Floor, 1st D Main, Ganganagar R.T.Nagar Post Bengaluru-560 032.
(By Sri Anoop Haranahalli, Advocate for Sri S.S. Srinivasa Rao, Advocate) AND :
State of Karnataka by Cottonpet Police Station Bengaluru-560 002.
Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Sri K.P. Yoganna, 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.287/2018 registered by Cottonpet Police Station, Bengaluru for the offences punishable under Sections 109, 371, 419, 120(B), 370, 471, 474, 343, 420, 114, 465 and 468 r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.8 under Section 438 of Cr.P.C. praying to grant anticipatory bail in Crime No.287/2018 of Cottonpet Police Station, for the offences punishable under Sections 109, 371, 419, 120B, 370, 471, 474, 343, 420, 114, 465, 468 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that the complainant being the Special Enquiry Officer in CCB, Bangalore City lodged the complaint alleging that all the accused persons have engaged in illegal human trafficking with fake identities and used to send them to abroad through Kempegowda International Air Port for illegal job and to indulge in prostitution and they have also confined some ladies. Immediately on 11.12.2018 at about 4.30 to 10.30 p.m., they raid at Sudha Lodge, Cotton Pet Main Road and rescued 35 ladies who belong to Nepal and drawn the mahazar and a case was registered in this behalf.
4. It is the submission of the learned counsel for the petitioner that the name of the petitioner is not found in the complaint or the FIR. Subsequently his name has been included only in the remand application. He further submitted that the petitioner is working as a Head Constable and he is nothing to do with the alleged crime. The only allegation which has been made against him is that he has also assisted with the accused persons without there being any material. He further submitted that there is no chance of he being absconding and fleeing away from justice. He further submitted that already accused No.7, the immigration Officer has been released on anticipatory bail by imposing certain conditions and therefore on the ground of parity, the petitioner is entitled to be released on bail. On these grounds, he prayed to allow the petition and to grant anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the records placed prima facie show that the petitioner is involved in the commission of the alleged offence. He is highly influential person and if he is enlarged on bail, he may tamper with the prosecution evidence and he may indulge in similar type of criminal activities. He further submitted that accused No.5 in his voluntary statement has volunteered involvement of the petitioner in the alleged crime. He further submitted that the investigation is in progress and the Investigating Officer has to ascertain as to how many persons have been involved in the said racket. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the records, there are no specific allegations made against the petitioner. Only on the basis of the voluntary statement said to have been given by accused No.5, he has been arrayed as one of the accused. His name was not found place either in the complaint or in other records. He submits that accused No.7 has already been released on anticipatory bail in Criminal Misc.No.11100/2018 by LXI Additional City Civil and Sessions Judge, Bangalore, dated 24.1.2019. Even on the ground of parity, the petitioner is entitled to be released on bail.
Taking into consideration the aforesaid facts and circumstances, the petition is allowed and the petitioner-accused No.8 is ordered to be released on bail in the event of his arrest in Crime No.287/2018 of Cottonpet Police Station, for the offences punishable under Sections 109, 371, 419, 120B, 370, 471, 474, 343, 420, 114, 465 468 r/w. Section 34 of IPC., subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall cooperate during the course of investigation.
iv) He shall not tamper with the prosecution evidence directly or indirectly.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) He shall not indulge in similar type of offences in future. If he is involved in such offences, the respondent-State is at liberty to move for cancellation of bail.
vii) He shall mark his attendance before the jurisdictional police once in fifteen days between 10.00 and 5.00 p.m. till the charge sheet is filed.
Sd/- JUDGE *ck/-