Madhu vs State of Karnataka

L. Narayana Swamy, J—Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Petitioner is accused No. 3 in a criminal case bearing Crime No. 231/2015 on the file of Subramanyapura Police Station for the offences punishable under Sections 399, 366-A of Indian Penal Code and Sections 366-B, 370, 370(A), 372, 373 r/w 34 of IPC and u/Ss. 3, 4, 5, 6, 7, 9 of Immoral Traffic Prevention Act, 1956 & under Sections 3, 4, 7, 8, 17 of POCSO Act. Petitioner is in judicial custody since the date of his arrest. Hence, he has filed this application under Section 439 of Cr.P.C seeking his release.

Learned Government Pleader along with learned counsel who has filed I.A. No. 1/2015 to assist the prosecution submits that investigation is completed and charge-sheet has been filed and if the entire record is secured, that will reveal role of this petitioner.

Learned counsel for the petitioner referring the FIR and statement of the complaint dated 18.3.2015 submitted by the police Inspector submits that it is referred only about accused Nos. 1, 2 and 4 and not about this petitioner-accused No. 3. It is also seen from the statement that this petitioner was in the particular address and he was arrested. Even the statement made by the victim also name of this petitioner has not been disclosed. He further submits that, this petitioner is innocent and he is falsely implicated in the case and the alleged offences are neither punishable with death nor imprisonment for life.

I have gone the materials placed. There are some references against some accused persons and not against this petitioner. In view of the statement therein, I am satisfied with the reasons assigned by the learned counsel for the petitioner. In the light of undertaking of the petitioner that he is ready to abide by any conditions which may be imposed by this court, he is to be released on bail.

Thus the apprehension of the learned Government Pleader would be met with by imposing suitable conditions while enlarging the petitioner on bail. Accordingly, the petition under Section 439 of Cr.P.C. is allowed and the petitioner is granted bail subject to the following conditions:

"1) He shall execute a personal bond for a sum of Rs. 75,000/- with one solvent surety for the like sum to the satisfaction of the jurisdictional court;

2) He shall not hold out threat to prosecution witnesses or tamper with evidence;

3) He shall attend the court on all dates of hearing, except under unavoidable circumstances."

If he violates any of the above conditions, prosecution will be at liberty to seek cancellation of bail.

Ordered accordingly.