IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7252 OF 2019 BETWEEN:
SRI MANJA @ AUTO MANJA S/O SELVA NAIK AGED ABOUT 22 YEARS R/AT AVINA KUNTE THANDA ROLLA VILLAGE ROLLA MANDAL, MADAKASIRA TALUK ANANTHAPUR DISTRICT ANDHRA PRADESH – 515 321 ...PETITIONER (BY SRI NATARAJ D., ADV.) AND STATE BY KARNATAKA BY SANJAY NAGAR POLICE STATION BENGALURU CITY REP. BY THE HCGP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001 ...RESPONDENT (BY SRI MAHESH SHETTY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.347/2017 OF SANJAY NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 363, 366, 376, 506 OF IPC AND SECTION 5(L) AND 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is facing trial in Spl.C.C.No.214/2018 on the file of L Additional City Civil and Sessions Judge, Bengaluru City (CCH-51), on the charge that he committed penetrative sexual assault on CW-2, the victim girl aged 17 years.
2. This court in Crl.P.No.6745/2018 had rejected the petitioner’s earlier petition on 10.12.2018 on the ground that there is likelihood of tampering the victim girl if the bail is granted. It was observed that, the victim girl was kidnapped from the custody of CW-1, her maternal uncle and later she tried to implicate CW-1 himself.
3. Now this second petition is filed on the ground that the victim girl neither in her statement before the Magistrate under Section 164 Cr.P.C. nor in her evidence before the trial court implicated the petitioner for any sexual offence. The copy of the deposition of victim girl is made available for perusal of this court. The said deposition shows that the victim girl has not stated anything incriminating against the petitioner. Medical evidence is inconclusive.
4. The petitioner is in judicial custody since two years. Even according to the prosecution, the petitioner kidnapped the girl to save her from the clutches of CW1. The offence of kidnapping is not exclusively punishable either with death or imprisonment for life. Under the circumstances, it is a fit case to grant bail with suitable conditions.
The petition is allowed. Petitioner is granted bail in Spl.C.C.No.214/2018 pending on the file of L City Civil and Sessions Judge, Bengaluru City (CCH-51), subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of `50,000/- and furnish two sureties in the like-sum to the satisfaction of the Trial Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE KNM/-