IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6624 OF 2018 BETWEEN:
Ramya, W/o Manjunath, Aged about 24 years, R/at Dolasuru Grama, Sandwnahalli Post Denkani Kote Dharmapuri Town Tamilnadu-636 701. …Petitioner (By Sri Venkataramana K, Advocate) AND:
State of Karnataka By Kanakapura P.S. Rep. by SPP High Court Bangalore-01. ...Respondent (By Sri. K P Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Cr.No.101/2018 of Kanakapura Town Police Station, Bangalore city for the offences P/U/S 323, 376(I) IPC and Sections 6, 21 of POCSO Act 2012.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Petitioner is accused No.2 in Crime No.101/2018 of Kanakapura Town Police Station. The petitioner and her husband Manjunath were charge sheeted in the said case for offences punishable under Sections 323, 376(i) of IPC and under Sections 6 and 21 of POCSO Act, 2012.
2. The victim girl ‘X’ aged 6 ½ years is the daughter of C.W.1. C.W.5 is the step mother of C.W.2- the victim girl. The first accused is the son-in-law of elder sister of C.W.1. It is alleged that on 20.3.2018 at 3.00 p.m., in his house, the first accused committed aggravated sexual assault on C.W.2. It is further alleged that the petitioner came to know about the incident, but still she did not report the same either to the police or to the parents of the victim girl.
3. The offence alleged against the petitioner under Section 21 of the POCSO Act is punishable with imprisonment upto six months. Her name did not appear at the first instance in the FIR. The victim girl’s statement was recorded after five days i.e. on 26.3.2018. At that time, the victim girl said to have revealed the role of the petitioner.
4. The charge sheet is filed and the investigation is over. Except for the trial, the detention of the petitioner is not required for any other purpose. Under these circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
5. The petition is allowed. Petitioner is granted anticipatory bail in Crime No.101/2018 of Kanakapura Police Station, which is now pending in Special Case No.118/18 on the file of the I Additional District and Sessions Judge, Ramanagara, subject to following conditions:
i) She shall appear before the concerned Court within ten days from the date of receipt of copy of this order;
ii) She shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Court for her appearance.
iii) She shall appear before the Court as and when required for the purpose of trial;
iv) She shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE *alb/-