IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7449/2018 BETWEEN:
The State by Mangaluru East Police Station, Dakshina Kannada, Mangaluru, Rept. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ...Petitioner (By Sri M. Divakar Maddur, HCGP) AND:
1. Pavan Acharya Aged about 24 years, S/o Nagappa Acharya, R/at Mannadka Pade Mane, Kakkinje Village, Charmdy Post, Belthangady-574 214.
2. Dinesh Aged about 26 years, S/o Shandidevappa, R/at Chilanooru Mane Village, Halugalale Post, Saroba Taluk, Shivamogga-577 419.
3. Virendra Narayana Kumbara Aged about 32 years, S/o Narayana, R/at Basthi Mane Village and Post, Murudeshwara, Batkala, Uttara Kannada-581 320.
4. Revanna Aged about 27 years, S/o Late Kalegowda, R/at Katnupse Mane and Village, Bukana Kere, Hobali K.R.Pete Taluk, Mandya-571 426.
5. Ravi Kumar Aged about 28 years, S/o Kempanayak, R/at Sobagana Halli, Kunigal Taluk, Tumakuru District-572 130.
6. Rajeesh Aged about 25 years, S/o Krishnamurthi, R/at Begara Post, Hasanabalu Village, Shringeri Taluk, Chikkamangalauru-577 139. ...Respondents (By Sri Aruna Shyam.M, Advocate for R-1-3; R.4-6 are served and unrepresented) This Criminal Petition is filed under Section 439(2) of Cr.P.C praying to cancel the bail order dated 19.07.2018 passed by the IV Additional District and Sessions Judge, D.K., Mangaluru for the offence P/U/S 370 of IPC in Cr.No.191/2018 registered by Mangaluru East Police Station and direct that the respondents/accused by arrested and committed to custody.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner-State through Mangaluru East Police Station under Section 439(2) of Cr.P.C praying this Court to cancel the bail granted by the IV Additional & Sessions Judge, Dakshina Kannada, Mangaluru in Crl.Misc.No.678/2018 by order dated 19.07.2018.
2. I have heard the learned High Court Government Pleader for petitioner-State and learned counsel for the respondents-accused.
3. The gist of the complaint is that the complainant-Vaseem Ahmad, Police Officer received a credible information on 22.06.2018 at about 8.00 AM from the Assistant Commissioner of Crime Branch, that the girls were illegally kept at Grand Regency Lodge near Pumpwell Circle and accordingly, the complainant went along with his staff and raided on the 4th floor of the lodge and found six girls and accused persons. They took the girls and respondent-accused persons to the custody by drawing the mahazar. On the basis of the complaint, a case has been registered. Thereafter, the court below by considering the bail application under Section 439, has released the respondents-accused Nos.1 to 6 and challenging the same, the petitioner- State is before this Court.
4. It is the submission of learned High Court Government Pleader that the court below, without considering the material fact on record by abusing the process of law, granted bail to the respondents-accused Nos.1 to 6. There are two eyewitnesses to the alleged incident. The statement has been recorded under Section 164 of Cr.P.C and the alleged offence is considered to be a serious offence. Without looking into this aspects, the court below has granted the bail and the same is liable to be cancelled.
5. Per contra, learned counsel appearing on behalf of the respondents submitted that after considering the material fact, the respondents-accused Nos.1 to 6 are not required for custodial interrogation and the alleged offence is not punishable with death or imprisonment for life. The court below has rightly passed the order and respondents-accused Nos.1 to 6 have been released on bail. There are no good ground to allow the petition and cancel the bail. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the order of the trial court and other material which have been placed on record.
7. On close reading of the said order, there is no perversity or illegality committed in the said order and there is no recovery. The only allegation is that when the police raided the lodge, the respondents- accused Nos.1 to 6 along with six girls took to the custody by drawing the mahazar and their statement has been recorded, that is the matter which has to be considered and appreciated only at the time of the trial. The alleged offences are not punishable with death or imprisonment for life. Even there is no other grounds to show that respondents-accused Nos.1 to 6 have misused the liberty granted in this behalf. When no other serious allegations are there, under such circumstances, it is not the case to allow the petition and to cancel the bail. In that light of discussion held by me above, petition stands dismissed.
HA/-
Sd/- JUDGE