IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4852/2019 BETWEEN:
1. SRI SATHISH @ S T SATHYANARAYANA S/O LATE THIMMAIAH AGED ABOUT 52 YEARS 2. SMT GEETHA W/O SATISH @ S T SATHYANARAYANA AGED ABOUT 45 YEARS 3. SRI ANANDA @ S R ANANDA MURTHY S/O LATE RAMACHANDRAPPA AGED ABOUT 42 YEARS 4. SMT G V ANITHA W/O ANANDA MURTHY @ S R ANANDA MURTHY AGED ABOUT 25 YEARS ALL ARE RESIDENT OF SHIVANI VILLAGE SHIVANI HOBLI, AJJAMPURA TALUK CHIKKAMAGALUR-577 549 (By Sri. C S MADHU, ADVOCATE) ... PETITIONERS AND 1. STATE OF KARNATAKA STATION HOUSE OFFICER AJJAMPURA POLICE STATION CHIKKAMAGALUR DIST PIN:577 549 REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU 560 001 2. SMT RATHNAMMA W/O KALUBAIAH AGED ABOUT 35 YEARS RESIDING AT BANDIMARAMMA TEMPLE STREET SHIVANI VILLAGE AJJAMPURA TALUK CHIKKAMAGALUR DISTRICT PIN-577 549 ... RESPONDENTS (By Sri. ROHIT B.J., HCGP) THIS CRL.PETITION IS FILED U/S.438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.135/2019 OF AJJAMPURA POLICE STATION, CHIKKAMAGALURU, FOR THE OFFENCE P/U/S.376(2)(n),504,506 OF IPC AND SEC.5(12) AND 6 OF POCSO ACT AND SESSION 3(1)(r) AND (s),3(1)(2),3(2)(va) OF SC/ST (P.A.) ACT.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for petitioners and the learned HCGP for the respondent-State. Perused the records.
2. It is submitted that accused No.1, who is not before this Court is also released on bail under Section 167 Cr.P.C., as charge sheet has not been filed in time. Petitioners No.3 and 4 are arraigned as accused Nos. 4 and 5 in Cr.No.135/2019 of respondent-Ajjampura police for the offences punishable under Sections 376(2)(n), 504, and 506 of IPC and Section 5(1)(6) of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(r)(s), 3(1)(w), 3(2)(va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015.
3. On careful perusal of the entire First Information Report, the main allegation is against accused No.1, who is alleged to have had sexual contact with the victim girl and later breached his promise to marry her. It is alleged that, particularly, referring to the incident of 4.6.2019, at about 8 a.m., the petitioners have been involved in a crime and they went to the house of accused No.1. At that time, the parents of accused No.1 by name Sathisha and Geetha, abused the complainant in filthy language by referring to the caste of the complainant etc. As rightly contended by the learned counsel for the petitioners, except stating the presence of petitioner Nos.3 and 4, no other allegations are made out against them as to how they have participated in committing the alleged offences. Under the above said circumstances, I am of the opinion that petitioner Nos.3 and 4 are entitled to be enlarged on bail under Section 438 of Cr.P.C.
4. Learned counsel for the petitioners’ submits that he do not want to press the petition insofar as petitioner Nos.1 and 2 are concerned, as they were already released on bail by surrendering before the jurisdictional Court. Hence, the following:
ORDER The petition is dismissed insofar as petitioner Nos.1 and 2 are concerned.
Insofar as petitioner Nos.3 and 4 are concerned, the petition is allowed. Consequently, petitioner Nos.3 and 4 shall be released on bail in the event of their arrest in connection with Crime No.135/2019 of respondent No.1- Ajjampura Police Station, Chikkamagaluru District, subject to the following conditions:-
i) The petitioner Nos.3 and 4 shall surrender themselves before the jurisdictional Court within ten days from the date of receipt of a certified copy of this order and shall execute personal bonds for a sum of Rs.50,000/-(Rupees fifty thousand only) each with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner Nos.3 and 4 shall not tamper the prosecution witnesses.
iii) The petitioner Nos.3 and 4 shall appear before the jurisdictional Court on all the dates of hearing, unless exempted by the Court for any genuine reason.
iv) The petitioner Nos.3 and 4 shall not leave the jurisdiction of the Court without prior permission, till the case registered against them is disposed of.
Psg* Sd/- JUDGE