H. Manjunatha vs State

Budihal R.B., J.—This petition is filed by petitioner-accused 1 u/s 439 of Criminal Procedure Code, 1973 seeking his release on bail of the alleged offences punishable u/s 366 read with Section 34 of Indian Penal Code, 1860 registered in respondent-police station Crime No. 232 of 2013. Heard the arguments of the learned Counsel for the petitioner-accused 1 and also the learned Government Pleader appearing for the respondent-State.

Learned Counsel for the petitioner during the course of his arguments has submitted that looking to the statement of victim girl which was recorded on 27-11-2013, it goes to show that on that day, victim girl, accused 1 and another accused were proceeding towards Davangere as there was a birthday celebration of their friend of one Mr. Rasik and when they were so proceeding, a car came in a rash and negligent manner and dashed to the two wheeler vehicle driven by petitioner-accused 1 upon which, the victim girl was also proceeding as a pillion rider, due to which, they sustained injuries. Immediately they called one Avinash and they were shifted to the hospital for treatment. It is submitted that without referring to the said statement of the victim girl, the father of the victim girl made the complaint before the police alleging that his daughter has been kidnapped by the present petitioner along with other accused persons and thereafter again the statement of the victim girl has been recorded by the police. Learned Counsel submitted that if at all there was a kidnap as alleged by the prosecution, at the first instance when her statement was recorded on 27-11-2013 she could have stated about the same. It is submitted that the petitioner is aged about 19 years and a student studying in college. Since from the date of arrest petitioner is in custody. Hence, by imposing reasonable conditions, petitioner may be admitted to bail.

As against this, learned Government Pleader during the course of his arguments has submitted that it is a case of kidnap of the victim girl by the present petitioner and his two other friends. The statement of the victim girl dated 1-2-2014 clearly show that forcibly she was taken by the present petitioner and other accused persons and they have kidnapped her. It is submitted that the matter is still under investigation and the Investigating Officer has to collect some more material and file charge-sheet in the matter. Hence, at this stage, petitioner is not entitled to be granted with bail.

I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record by the learned Counsel for the petitioner.

So far as the submission made by the learned Counsel for the petitioner regarding the case of accident is concerned, FIR was registered for the offences punishable under Sections 279 and 337 of IPC against the driver of the car and even the charge-sheet is also filed in the matter. Looking to the statement of the victim girl recorded by the Investigating Officer during investigation in respect of the accident case, it clearly shows that herself, the present petitioner and other accused were going to Davangere to attend the birthday celebration of their friend one Mr. Rasik. In the entire statement of the victim girl dated 27-11-2013 nowhere she has mentioned that she has been kidnapped by the present petitioner and other accused persons. It is no doubt true that as per the statement referred to by the learned Government Pleader dated 1-2-2014 of the victim girl there is an allegation that the present petitioner along with his friends kidnapped her. So there are two inconsistent statements which are recorded by the police during investigation. It is the contention of the present petitioner that he is innocent and not involved in the commission of the offences and that he has been falsely implicated in the case. He has also undertaken that he is ready to abide by any conditions to be imposed and he is a student studying in the college aged about 19 years. Since from the date of arrest he is in custody and whatever incriminating articles to be seized from the present petitioner that aspect is already over and nothing further is to be seized from his possession at this stage. The alleged offence u/s 366 of IPC is not exclusively punishable with death or imprisonment for life. Apart from that the statement of the victim girl dated 27-11-2013 also show and probabalise the contention raised by the petitioner in his bail petition. Hence, it is a fit case to exercise the discretion in favour of the petitioner by imposing reasonable conditions. Accordingly, petition is allowed. Petitioner-accused 1 is ordered to be released on bail of the offences punishable u/s 366 read with Section 34 of IPC registered in respondent-police station Crime No. 232 of 2013, subject to following conditions:

(i) Petitioner shall execute a personal bond for a sum of Rs. 50,000/- and furnish one solvent surety for the like sum to the satisfaction of concerned Court.

(ii) He shall not intimidate or tamper with prosecution witnesses directly or indirectly.

(iii) He shall appear before the concerned Court regularly.