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    Criminal Petition No.412/2016

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    skmanjunathagm
    1) The petitioner, Manjunath D, sought bail in a case involving charges of kidnapping, rape, and POCSO violations against a minor girl. 2) The prosecution opposed bail citing a prima facie case. However, the court noted the victim's statement did not allege abduction or rape, claiming they eloped by choice. 3) Given this, the court granted bail to the petitioner with conditions including a personal bond, cooperating with investigation, and reporting to police monthly.

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    Criminal Petition No.412/2016

    Uploaded by

    skmanjunathagm
    48 views5 pages
    1) The petitioner, Manjunath D, sought bail in a case involving charges of kidnapping, rape, and POCSO violations against a minor girl. 2) The prosecution opposed bail citing a prima facie case. However, the court noted the victim's statement did not allege abduction or rape, claiming they eloped by choice. 3) Given this, the court granted bail to the petitioner with conditions including a personal bond, cooperating with investigation, and reporting to police monthly.

    Original Title

    CRLP412-16-09-02-2016

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    1) The petitioner, Manjunath D, sought bail in a case involving charges of kidnapping, rape, and POCSO violations against a minor girl. 2) The prosecution opposed bail citing a prima facie case. However, the court noted the victim's statement did not allege abduction or rape, claiming they eloped by choice. 3) Given this, the court granted bail to the petitioner with conditions including a personal bond, cooperating with investigation, and reporting to police monthly.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    48 views5 pages

    Criminal Petition No.412/2016

    Uploaded by

    skmanjunathagm
    1) The petitioner, Manjunath D, sought bail in a case involving charges of kidnapping, rape, and POCSO violations against a minor girl. 2) The prosecution opposed bail citing a prima facie case. However, the court noted the victim's statement did not allege abduction or rape, claiming they eloped by choice. 3) Given this, the court granted bail to the petitioner with conditions including a personal bond, cooperating with investigation, and reporting to police monthly.

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    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 9TH DAY OF FEBRUARY 2016

    BEFORE

    THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

    CRIMINAL PETITION NO.412/2016

    BETWEEN:

    MANJUNATH.D,
    AGED ABOUT 21 YEARS,
    S/O DODDAIAH,
    R/AT TOVINAKERE (V)
    CHANNARAYA DURGA(HOBLI)
    KORATAGERE(T)
    TUMKUR(D)-572 101.
    …PETITIONER

    (BY SRI.DEVARAJA.P, ADV.)

    AND:

    STATE OF KARNATAKA
    BY PEENYA POLICE,
    BANGALORE REPRESENTED
    BY STATE PUBLIC PROSECUTOR
    HIGH COURT, BANGALORE – 560 001.
    ...RESPONDENT

    (BY SRI.B.J.ESHWARAPPA, HCGP)

    THIS PETITION IS FILED UNDER SECTION 439 CR.P.C


    PRAYING TO ENLARGE THE PETITONER ON BAIL IN
    2

    CR.NO.935/2015 OF PEENYA P.S., BENGALURU CITY FOR


    THE OFFENCE P/U/S 363, 366(A), 376 OF IPC AND SEC.3,
    4, 5(1),6 OF POCSO ACT.

    THIS PETITION COMING ON FOR ORDERS THIS DAY,


    THE COURT MADE THE FOLLOWING:

    ORDER

    Heard the learned counsel for the petitioner and the

    learned High Court Government Pleader.

    2. Petitioner who is the sole accused in Crime

    No.935/2015 on the file of Peenya Police Station, has

    approached this Court seeking for regular bail under

    Section 439 of Cr.P.C. After conclusion of the

    investigation, charge sheet is filed for the offences

    punishable under Sections 363, 366(A) and 376 of IPC

    and Sections 3, 4, 5(L) and 6 of POSCO Act.

    3. Allegation against this petitioner is that he had

    abducted the minor girl and had physical contact with

    her forcibly.
    3

    4. Learned Government Pleader has vehemently

    opposed the bail application on the ground that prima

    facie case is forthcoming for the offence alleged against

    this petitioner. Hence the petitioner is not entitled for

    grant of bail. Hence, he requests to dismiss the bail

    petition.

    5. Perused the records and heard the learned

    counsel appearing for both the parties.

    6. The statement of victim girl recorded under

    Section 164 of Cr. P.C on 16.12.2015, discloses that both

    of them were loving each other and left the house on

    their own volition. It is also forthcoming that the parents

    of victim girl had fixed her marriage with another boy

    and it was not liked by the said girl and they married in a

    temple and were living as husband and wife. In the light

    of no serious allegation being made against this

    petitioner with regard to abduction or rape in the

    statement of the victim girl recorded under Section 164 of


    4

    Cr.P.C., the petitioner is entitled to be released on bail

    under Section 439 of Cr.P.C.

    7. At this stage, whatever observation made by this

    Court is limited purpose for disposing of this petition and

    the learned judge will not be influenced by the

    observations made in this order, while disposing of the

    case on merits. The petitioner is the permanent resident

    of Koratagere Taluk. Taking all these facts into

    consideration, the apprehension of the learned

    Government pleader would be suitably met by imposing

    proper conditions. Hence I pass the following:

    ORDER

    The petition is allowed.

    Petitioner shall be enlarged on bail, in Cr.No.

    935/2015 of Peenya Police Station, subject to the

    following conditions:

    1. Petitioner shall be released on bail on his


    executing a personal bond for a sum of
    Rs.1,00,000/- (Rupees one Lakh only) with a
    5

    surety, for the like-sum to the satisfaction of


    the concerned Court.

    2. Petitioner shall not tamper or attempt to


    tamper any of the prosecution witness;

    3. Petitioner shall not hold out threats to the


    prosecution witnesses in any manner.

    4. Petitioner shall not involve himself in any


    criminal activities.

    5. He shall co-operate with the I.O in further


    investigation.

    6. He shall attend the respondent police


    station once in a month on every Sunday
    between 9.00 am and 5.00 p.m till the
    disposal of the case.

    7. It is made clear that if the petitioner does


    not comply with any one of the conditions
    imposed on him, the prosecution is at liberty to
    seek cancellation of the bail.

    Ordered accordingly.

    Sd/-
    JUDGE
    ra

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