IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3124/2019 BETWEEN:
Y.SUBBA @ SUBBA BHOVI S/O YELLA BHOVI AGED ABOUT 31 YEARS OCC: AGRICULTURE AND COOLIE R/AT TUMBINAKERE BHOVIHATTI HOSDURGA TALUK CHITRADURGA DISTRICT-577527. ...PETITIONER (BY SRI DINESHKUMAR K. RAO, ADV. FOR SRI R.B.DESHPANDE, ADV.) AND:
THE STATE OF KARNATAKA BY HIRIYURU RURAL POLICE STATION HIRIYURU CIRCLE CHITRADURGA DISTRICT-572143 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.76/2019 OF HIRIYUR RURAL P.S., CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 363, 366, 376, 506 R/W 34 OF IPC AND SECTIONS 6, 8, 12 OF POCSO ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2.
Learned counsel for the petitioner submitted that the accused No.1 has already been released on regular bail.
3. The brief factual matrix of the case are that the accused No.1 Manjunatha fell in love with the victim girl and in fact he took her along with this petitioner on a motor cycle to a place called Aranakanive temple and there it is alleged that this petitioner has provided a bed sheet and a carpet to them and thereafter both victim girl and said Manjunath slept there. It is alleged that Accused No.1 Manjunatha has committed rape on the said girl. Being the facilitator the petitioner is also made as an accused in the said case.
4. On looking to the above facts and circumstances, it cannot be inferred that the petitioner has facilitated accused No.1, knowing fully well that, accused No.1 would lavish the victim girl that has to be thrashed out and proved during the course of full dressed trial.
5. Under the above said circumstances, as the accused No.1 has already been released on bail, the petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.76/2019 of Hiriyur Rural Police Station, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Dvr:
Sd/- JUDGE