High CourtsSingle Bench

Sri. Balaraju @ Balaiah vs State of Karnataka

Karnataka High Court · Decided on 6 January 2011 · Citation: (2011) 01 KAR CK 0192

HON’BLE JUDGES
V. Jagannathan, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 143, 366 A, 448, 506
RESULT
Allowed
CASE NUMBER
Criminal Petition NO 5791 of 2010
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Judgment

9 paragraphs · 277 words

V. Jagannathan, J.—Heard both sides in respect of the anticipatory bail petition filed by accused No. 5, against whom a case is registered in Cr. No. 46/10 for the offences punishable under Sections 143, 448, 366A, 506 & 376 r/w 149 of IPC.

2.

Submission of the Petitioner''s Counsel is that, the entire allegations are only againstaccused Nos. 1 and 2 and even as per the statement of the girl in question, she was taken by accused Nos. 1 and 2 to Tamilnadu and the girl married accused No. 1 and two days later, the complaint came to be lodged implicating all the accused persons For the aforementioned.

3.

Having thus heard the Petitioner''s Counsel and the learned HCGP, this Petitioner is not the person who took away the girl nor has committed the offence of rape on her, I am of the view that the Petitioner can be granted anticipatory bail by imposing conditions.

4.

In the result, petition is allowed and the Petitioner is granted anticipatory bail, subject to the following conditions:

(i) Petitioner shall be released on bail in the event of his arrest in Cr. No. 46/10 on his executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction of the arresting police officer

(ii) He shall not tamper or attempt to tamper any of the prosecution

(iii) He shall not give threat to the prosecution witnesses, in any manner.

(iv) He shall not leave the place without the prior permission of the jurisdictionalMagistrate.

(v) He shall mark his attendance before the concerned police station on every Sunday between 10 a.m. and 5 p.m.