IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.170 OF 2019 BETWEEN:
Sri.Suman S/o Nagaraj, Aged about 19 years, Student, R/o Shivapura village, Kolar District-563 135. ...Petitioner (By Sri.M.R.Nanjunda Gowda, Advocate) AND:
The State of Karnataka By Srinivaspur Police, Represented by State Public Prosecutor High Court Buildings, Bengaluru-560 001. ...Respondent (By Smt.Namitha Mahesh B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.330/2018 (S.C.No.224/2018) of Srinivasapura Police Station, Kolar District for the offence punishable under Section 366A, 376, 114 of IPC and Section 4, 6, 8 of POCSO Act.
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 No.2 under Section 439 of Cr.P.C. seeking to release him on bail in Crime No.330/2018 of Srinivaspura Police Station, (S.C.No.224/2018) pending on the file of 2nd Additional Sessions Judge, Kolar for the offences punishable under Section 366-A, 376 and 114 of IPC and also under Sections 4, 6 and 8 of POCSO Act.
2. I have heard the learned counsel appearing for the petitioner-accused No.2 and also learned HCGP appearing for respondent-State.
3. The genesis of the complaint are that complaint was registered by the father of the victim alleging that the accused No.1 used to tease his daughter and in this context they have advised him. Because of the holiday, victim was in the house. The Prakash-accused kidnapped her and a complaint was given by the father of the girl. Thereafter, the victim was traced and on enquiry she told that when she was coming back from the new house, accused No.2-present petitioner was standing in front of the school and gave signal to her and when she went along with him, he has shown the accused Prakash and they went together and thereafter, accused Prakash took her through the lands by walk to Chaldiganahalli Village and thereafter, accused No.2- petitioner brought the two wheeler and gave the vehicle to the Prakash and thereafter left the place. Then accused Prakash took her to the house of one Diwakar and there he has sexually assaulted her.
4. It is the submission of the learned counsel for the petitioner-accused No.2 that in the complaint, the name of the accused No.2 does not find place and the complaint also does not disclose that the accused No.2-petitioner has committed any of the alleged offences. There are no serious overt acts alleged against the petitioner-accused. The only allegation which has been made as against the petitioner- accused is that he called the victim and showed to the accused and he also provided his two wheeler to go away from that place. The said act of the accused is not going to constitute any of the offence alleged in the complaint or in the charge sheet material. He further submitted that the petitioner-accused is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. He further submitted that charge sheet is also filed. On these grounds, he prayed to release the petitioner-accused No.2 on bail and allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused No.2 is abettor to accused No.1 to commit the alleged offence. The statement of the victim has been recorded under Section 164 of Cr.P.C and thereunder she has deposed that accused No.2 was standing in front of the school and gave a signal to her and when she went near him, he took her to accused Prakash and thereafter, he provided his two wheeler to accused – Prakash. Accused Prakash took her to house of Diwaker and there she has been sexually assaulted. There is ample material to show that accused No.2 also contributed to commit an offence and as such, he is not entitled to be released on bail. Hence, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials which has been made available in this behalf. On the close reading of the complaint, the name of the accused No.2 is not forthcoming. Though alleged offences are under Sections 366A, 376 and 114 of IPC and Sections 4, 6 and 8 of the POCSO Act, the allegations are as against accused No.1. The only allegation which has been made as against petitioner- accused No.2 is that he called victim girl near the school and he took the said girl near accused No.1 and thereafter, he provided him the two wheeler and thereafter, accused No.1 took the victim to the house of one Diwakar and there he has sexually assaulted her. There is no serious overt act mentioned as against the petitioner-accused No.2. In such facts and circumstances, I feel that it is fit case to release the petitioner - accused No.2 on bail.
Under above facts and circumstances, Petition is allowed. Petitioner-accused No.2 is ordered to be enlarged on bail in Crime No.330/2018 of Srinivaspura Police Station for the offences punishable under Sections 366-A, 376, 114 IPC and Sections 4, 6 and 8 of the POCSO Act subject to the following conditions:
1. Petitioner-accused No.2 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 trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not indulge in any criminal activities 4. He shall regularly appear before the Court during the trial.
Sd/- JUDGE ag