Siddamalla @ Sidda vs State Of Karnataka & Others

K.Natarajan, J

This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. for granting of bail in Crime No.160/2019 registered by

Chamarajanagar East Police Station, Chamarajanagar for the offences punishable under Sections 366, 376, 376(N), 376(F), 376(1), 506 read with 34

of IPC and Sections 4, 6, 8 and 12 of the POCSO Act.

The case of the prosecution is that the complainant Rajashekara, the father of the victim, filed a missing complaint on 16.06.2019 alleging that his

daughter aged 17 years is missing from the house from 09.06.2019 onwards. During the investigation, the Police apprehended the petitioner and the

victim on 24.06.2019 and he was remanded to judicial custody. It is revealed by the prosecution that the present petitioner is said to have abducted the

minor girl and stayed somewhere out of station for some time and when they came to Male Madeshwara Hill, the Police apprehended them. The

petitioner tried to run away and the victim was rescued and subjected to medical examination. Later, charge sheet came to be filed. The petitioner

approached the Sessions Judge for bail, which came to the rejected. Hence, he is before this Court.

Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and there is no allegation against this petitioner.

As per the statement of the victim under Section 164 of Cr.P.C. the entire allegation is against accused No.1, who committed rape on the victim. The

petitioner-accused No.2 is in custody for more than 1 ½ years. The petitioner is ready to abide by the conditions that may be imposed by this Court.

Hence, prayed for grant of bail.

Per contra, learned High Court Government Pleader objected the bail petition.

Upon hearing the arguments and perusal of the records shows that charge sheet has been filed against accused Nos.1 and 2 for various offences

under Section 376 including Section 366 of IPC. The statement of the victim girl has been recorded by the Magistrate under Section 164 of Cr.P.C. on

25.06.2019 wherein she has stated that she fell in love with the petitioner and she made a break, subsequently accused No.1 came in contact with her

and committed rape on her. Even a day prior to going along with the petitioner, she was raped by accused No.1 and she has stated that the petitioner

helped her and on her request, he took her to some other place and he has not committed any rape on her. Looking to the statement of the victim and

the petitioner is in custody for more than 1½ years, the investigation is completed and charge sheet is filed and the entire allegation is against

accused No.1, without expressing any opinion on the merits of the case, I am of the view that if the petitioner is released on bail, no prejudice would

be caused to the case of the prosecution. Hence, the following;

Order

Criminal Petition is allowed.

The Trial Court is directed to release the petitioner- accused No.2 on bail in Crime No.160/2019 registered by Chamarajanagar East Police Station,

Chamarajanagar for the offences punishable under Sections 366, 376, 376(N), 376(F), 376(1), 506 read with 34 of IPC and Sections 4, 6, 8 and 12 of

the POCSO Act, subject to the following conditions:-

i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with a surety for the likesum to the satisfaction of the Trial Court.

ii) Petitioner shall not indulge in similar offences.

iii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly.

iv) Petitioner shall take up the trial without causing any delay.