Rangaswamy @ Kutti vs State Of Karnataka & Others

S Vishwajith Shetty, J

Accused No.1 in Spl.C.C.No.663/2018 pending before the Court of the Addl. City Civil & Sessions Judge - FTSC-II, Bengaluru, arising out of Crime No.297/2015 registered by the Peenya Police Station, Bengaluru, for the offences punishable under Sections 366, 366A, 376, 392, 120(b), 504, 506 r/w 34 of IPC and Section 5(l), 6, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 439 Cr.P.C.

Heard learned counsel for the parties.

On the complaint of Somanna dated 26.03.2015, FIR was registered in Crime No.297/2015 for offence under Section 363 of IPC by the Peenya Police Station, Bengaluru, initially against unknown persons. During the course of investigation, petitioner was arrested. Investigation in the case was completed and charge sheet was filed and the case was numbered as Spl.C.C.No.320/2015 before the Special Court. In the said case, petitioner was granted regular bail by the Trial Court on 05.02.2016. Thereafter, it appears that the petitioner had not appeared before the Trial Court on the dates of hearing and therefore, NBW was issued against him and subsequently, a split up case was registered in Spl.C.C.No.663/2018. In the said case, NBW was issued against the petitioner and his presence was secured on 28.02.2023 and he was remanded to judicial custody. Bail application filed by the petitioner thereafter before the Trial Court was rejected on 21.04.2023. Therefore, the petitioner is before this Court.

Learned counsel for the petitioner submits that in the full-fledged trial that was held against accused No.2 in Spl.C.C.No.320/2015, accused No.2 has been acquitted. He submits that the victim girl was examined before the Trial Court in the split up case i.e., Spl.C.C.No.663/2018 on 03.08.2023 and she has turned hostile and she has not supported the case of the prosecution. Accordingly, he prays to allow the petition.

Per contra, learned HCGP has opposed the bail application.

The material on record would go to show that petitioner was earlier granted regular bail by the Trial Court in Spl.C.C.No.320/2015. Thereafter, petitioner had not appeared before the Trial Court on the dates of hearing and therefore, a split up case was registered against him in Spl.C.C.No.663/2018. In the said case, NBW was issued against him and his presence was secured on 28.02.2023 and on the said date, he was remanded to judicial custody. The victim girl has been examined before the Trial Court in Spl.C.C.No.663/2018 on 03.08.2023. Her deposition which is produced before this Court would go to show that she has not supported the case of the prosecution. Therefore, she was treated as hostile witness. Even during her cross-examination, no material has been elicited from her mouth. Petitioner who was granted regular bail earlier was remanded to judicial custody on 28.02.2023 for having not regularly appearing before the Trial Court. For the mistake committed by the petitioner, he has been sufficiently punished. Under these circumstances, I am of the view that the petitioner’s prayer for grant of regular bail is required to be answered in the affirmative.

The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.663/2018 pending before the Court of the Addl. City Civil & Sessions Judge - FTSC-II, Bengaluru, arising out of Crime No.297/2015 registered by the Peenya Police Station, Bengaluru, for the offences punishable under Sections 366, 366A, 376, 392, 120(b), 504, 506 r/w 34 of IPC and Section 5(l), 6, 16 and 17 of the POCSO Act, 2012, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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 involve in similar offences in future;

e) 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.