Sri. Bharathraj vs State of Karnataka

K.N. Keshavanarayana, J.—Petitioner arraigned as accused No. 1 in CC. No. 3164/12 on the file of III Additional JMFC, Mangalore registered for the offences punishable under Sections 343, 363 and 366-A read with Section 34 of IPC, has sought for an order to enlarge him on bail. According to the case of the prosecution, one Kumari Renisha daughter of Joseph D`souza aged about 16 years who left the house at about 8.30 a.m. on 30.8.2012 to go to Matha Education Tutorials in Mangalore, did not come back in the evening as usual. Mother of the said girl went in search of her daughter. However she could not trace her. On 8.9.2012, mother was informed that her daughter was seen in the company of this petitioner and two others near a Mall in Mangalore on 30.8.2012. Immediately on the same day, the mother lodged the report expressing suspicion against this petitioner and two others for missing of her daughter. On the basis of the said complaint, the police registered case in Crime No. 261/12 and took up investigation. During investigation, the victim girl was traced and her statement was recorded. The petitioner was apprehended and later subjected to judicial custody. He has been in judicial custody since 8.9.2012. His application filed for bail before the learned Sessions Judge came to be rejected. Therefore, he is before this Court. Thereafter the Investigating Officer on completion of investigation, filed the charge sheet.

Petition is opposed by the respondent - State.

I have heard both sides and perused the records made available.

Reading of the statement said to have been made by the victim before the Investigating Officer during investigation prima facie indicates that on her own she went with this petitioner and two others and had some fun time in the Emporium Mall in the evening of 30.8.2012 and later she went with them in a car to Manipal where she stayed in a room in Sai Star Hotel for 8 days till 8.9.2012. Of course, according to her statement she was made to stay in Room NO. 2 while 3 accused persons were staying in room No. 3 and two of them were insisting that they are loving her and wanted to marry her. Her statement further prima facie indicates that they were misbehaving with her and were trying to out rage her modesty.

Having regard to the statement of the victim said to have been made during investigation, I am of the opinion that there are no reasonable grounds to indicate that the victim was either kidnapped or abducted. At best, her statement would prima facie indicate that she was wrongfully confined in a hotel room in Mangalore and they tried to out rage her modesty. Having regard to the facts and circumstances of the case and the materials available on record at this stage, there are no reasonable grounds to believe that the petitioner is guilty of any of the offences alleged. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the petition is allowed. The petitioner is ordered to be enlarged on bail in CC. No. 3164/12 on the file of III Additional JMFC, Mangalore (Crime No. 261/12 of Mangalore Rural Police Station), on his executing a personal bond for a sum of Rs. 25,000/- (Rupees Twenty-five Thousand only) with two sureties for the like sum to the satisfaction of the jurisdictional Magistrate/Sessions Judge and subject to the further conditions that:

i) He shall not tamper or terrorise the prosecution witnesses in any manner;

ii) He shall appear before the trial court on all hearing dates without fail;

iii) He shall not indulge in any acts similar to the one alleged in the case and

iv) He shall not leave the jurisdiction of the court of sessions without prior permission from the court concerned.