G.P. SHANKAREGOWDA v. STATE OF KARNATAKA

STATE BY KANAKAPURA TOWN P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

2. SMT. ASHA …PETITIONER VEDAVATHI A K Location: High Court of Karnataka W/O KRISHNAMURTHY, AGED ABOUT 38 YEARS, THAYAPPANAGALLI, M.G.ROAD, KANAKAPURA TOWN, RAMANAGARA DISTRICT - 562 117. KARNATAKA. …RESPONDENTS (BY SMT. ANITHA GIRISH N., HCGP FOR R1; R2 - SERVED & UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 IN OF CR.P.C. PRAYING TO ENLARGE HIM ON BAIL SPL.C.C.NO.137/2022 (CR.NO.57/2022) OF KANAKAPURA TOWN POLICE, WHICH IS PENDING ON THE FILE OF LEARNED 1ST ADDITIONAL DISTRICT AND SESSION JUDGE, AT RAMANAGARA FOR THE OFFENCE P/U/S 201, 202, 342, 377, 504, 506, 176, 204, 302 OF IPC AND SEC. 4 AND 6 OF POCSO ACT. - 2 - NC: 2024:KHC:10817 CRL.P No. 11035 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., for granting bail in Crime No.57/2022 registered by the Kanakapura town police station and charge sheeted for the various offences punishable under Sections 201, 202, 342, 377, 504, 506, 176, 204, 302 OF IPC and sections 4 and 6 of Pocso Act on file of SPl.C.C.No.137/2022, before I Additional District and Session Judge, Ramanagara.

2. Heard the arguments of learned counsel for the petitioner and learned HCGP for the State.

3. The case of the prosecution is that on the complaint of father of deceased filed to the police on 24.5.2022 alleging that on 19.5.2022 at 11 p.m., the accused No.1 who is said to be an advocate called son of the complainant over phone to the office, for the purpose of setting up his office. The minor boy went to the office of the accused No.1/present petitioner. Subsequently, he did not return for 5 days and his phone was - 3 - NC: 2024:KHC:10817 CRL.P No. 11035 of 2023 switched off. Thereafter, the mother of the victim searched the boy and could not traced and a missing complaint was filed on

24.5.2022. Subsequently, came to know that during the investigation, the petitioner said to have sexually assaulted the victim boy. Hence, police have registered the FIR under sections 377, 201 and 202 of IPC and sections 4 and 6 of the POCSO Act. The petitioner was arrested on 04.06.2022. He was remanded to judicial custody. His earlier bail petition came to be dismissed as withdrawn, in view of the filing of the additional charge sheet by the police. Now the petitioner is before this court once again on the additional ground.

4. Learned counsel for the petitioner contended the petitioner is in custody for more than 1½ years. The trial is not yet begun, the body of the deceased is not yet traced, inspite of investigation completed since long. The alleged offence is punishable under Sections 377, 201, 202 of IPC are all based upon the voluntary statement. There is no material placed on record to show there is an offence committed by the petitioner for sexual assault as well as murder. Hence, prayed for granting bail. - 4 - NC: 2024:KHC:10817 CRL.P No. 11035 of 2023

5. Per contra, learned HCGP seriously objected the petition and contending that the victim boy went to the office of this petitioner and mobile phone also reveals, on the said day, the petitioner and deceased were seen in the office and the accused committed the murder after sexually assaulting him and destroyed the evidence after throwing the body into the water or river, but it was not found. Therefore, prayed for dismissing the petition.

6. Having heard the arguments, perused the records, on perusal of he same, ofcourse the body of the deceased was not traced by the police inspite of filing charge sheet as well as additional charge sheet In the previous charge sheet the police have not included sections 377, 302 and 202 of IPC and POCSO Act and they were added in the additional charge sheet. The entire charge sheet is based upon the voluntary statement of the accused as well as the co-accused, accused No.2. This court already granted bail the accused No.2 Crl.P.No.11583/2022 on 21.7.2023 and this petitioner said to be an advocate practicing at Kanakapura. He is in custody from 4.6.2022 for more than 1 year and 9 months, trial is not yet begun. The body of the deceased also not traced. Hence, - 5 - NC: 2024:KHC:10817 CRL.P No. 11035 of 2023 there is no material to show that there was sexual assault or committing unnatural offence on the deceased, except the voluntary statement. Therefore, at this stage, it cannot be inferred there was an offence punishable under Section 377 of IPC or sectios 4 and 6 of POCSO Act. Except 302 of IPC, grievous offence, but dead body was not found. Hence I am of the view, without expressing any opinion on the merits of the case, by imposing certain conditions if bail is granted, no prejudice would cause to the prosecution case. Hence, the following order: Order This Criminal petition is allowed. The petitioner-accused No.1 is ordered to be released on bail by the Trial Court in Crime No.57/2022 registered by the Kanakapura town police station in SPl.C.C.No.137/2022, on the file of I Additional District and Session Judge, Ramanagara, , subject to the following conditions: (i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.5,00,000/- - 6 - NC: 2024:KHC:10817 CRL.P No. 11035 of 2023 (Rupees Five Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with prosecution witnesses directly/ indirectly; (iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court; (v) Petitioner shall take the trial without causing any delay. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order. Sd/- JUDGE AKV List No.: 1 Sl No.: 7 CT:SK