Madhu K vs State Of Karnataka By Ramanagara Women Police & Others

S Vishwajith Shetty, J

Accused in Spl.Case No.52/2022 pending before the Court of I Additional District and Sessions Judge, Ramanagara, arising out of Crime No.19/2022 registered by Ramanagara Women Police Station, Ramanagara for offences punishable under Section 363, 376 of IPC, Section 9 of Prohibition of Child Marriage Act, 2006, Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i), 3(2)(v)(a) of SC/ST (POA) Act, is before this Court under Section 439 of Cr.P.C.

Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1-State.

Respondent No.2 who is served in the matter has remained unrepresented before this Court.

F.I.R. in Crime No.19/2022 was registered by Ramanagara Women Police Station, Ramanagara initially for offence punishable under Section 363 of IPC against the petitioner on the basis of the first information dated 08.02.2022 submitted by Shivanna, father of the victim girl aged about 16 years 5 months. In the said case, petitioner was granted regular bail in Crl.Misc.No.401/2022 on 10.06.2022 by the trial Court. Subsequently, he had not appeared before the trial Court on the regular dates of hearing and therefore, NBW was issued against him and he was produced before the trial Court on 27.09.2023 and remanded to judicial custody. Bail application filed by the petitioner before the trial Court thereafter, in Crl.Misc.No.971/2023 was rejected on 29.11.2023. Therefore, he is before this Court.

Learned counsel for the petitioner submits that on the merits of the case, petitioner was earlier granted regular bail, for the reasons he had not appeared before the trial Court, steps were taken to secure his presence and he is now remanded to judicial custody on 27.09.2023 and ever since he is in judicial custody. Accordingly, prays to allow the petition.

Per contra, the learned HCGP has opposed the petition.

Material on record would go to show that on the merits of the case, petitioner was earlier granted bail by the trial Court in Crl.Misc.No.401/2022 on 10.06.2022. Subsequently, the petitioner had not appeared before the trial Court on the regular dates of hearing and therefore, trial Court had issued non-bailable warrant against him and his presence was secured on 27.09.2023 and on the said date he was remanded to judicial custody. Petitioner is in judicial custody for the last more than one year. For the mistake committed by him by not appearing before the trial Court on regular dates of hearing, he has been sufficiently punished. Hence, I am of the opinion that prayer for grant of bail is required to be answered affirmatively. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in Spl.Case No.52/2022 pending before the Court of I Additional District and Sessions Judge, Ramanagara, arising out of Crime No.19/2022 registered by Ramanagara Women Police Station, Ramanagara for offences punishable under Section 363, 376 of IPC, Section 9 of Prohibition of Child Marriage Act, 2006, Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i), 3(2)(v) of SC/ST (POA) Act, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;

e) The petitioner shall not involve in similar offences in future.