Karnataka High Court
Dastagir Basha vs The State Of Karnataka And Anr on 27 September, 2021
Author: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF SEPTEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL No.200135/2021
Between:
Dastagir Basha
S/o Yakoob Sab Walikar
Age: 32 years, Occ: Business
R/o Kudari Salwadagi
Tq. Basavana Bagewadi
Dist. Vijayapur - 586 123
... Appellant
(By Sri Shivanand V. Pattanashetti , Advocate)
AND:
1. The State of Karnataka
R/by Addl. SPP
Kalaburagi Bench - 585 106
(Through B. Bagewadi P.S.
Dist. Vijayapur - 586 121)
2. Somashekara
S/o Yelaguradappa Kallimani
Age: 21 years, Occ: Driver
R/o Kudari Salwadagi
Tq. Basavana Bagewadi
Dist. Vijayapur - 586 123
... Respondents
(Sri Gururaj V. Hasilkar, HCGP for R1;
R2 - served)
2
This Criminal Appeal is filed under Section 14-A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, praying to set aside the impugned
order dated 07.07.2021 passed in Crl. Misc. No.679/2021
by the Addl. Sessions Judge, FTSC-I (POCSO) at Vijayapur
and grant the regular bail to the appellant/accused No.2 in
B. Bagewadi P.S. FIR (Crime) No.82/2021 for the offences
punishable under Sections 363, 376, 302 of IPC, Sections
12, 4 of POCSO Act, 2012 and Sections 3 (2) (Va) of
SC/ST (P.A.) Act, 2015, pending on the file of Addl.
Sessions Judge, FTSC-I (POCSO) at Vijayapur, Dist.
Vijayapur.
This appeal coming on for admission this day, the
Court delivered the following:
JUDGMENT
Heard the learned counsel for appellant and learned
High Court Government Pleader for respondent No.1-State.
2. Respondent No.2/defacto complainant has
been served, but there is no representation.
3. Petition filed under Section 439 of Cr.P.C. by
the appellant/accused No.2 herein seeking regular bail was
rejected by the learned Sessions Judge by an order dated
07.07.2021 in Crl. Misc. No.679/2021.
4. This appeal is preferred to set aside the
aforesaid order and to enlarge the appellant on bail.
5. On a complaint lodged by respondent No.2, a
case was registered in Crime No.82/2021 at Basavan
Bagewadi Police Station for offences punishable under
Sections 363, 376, 302 of IPC, Sections 12, 4 of Protection
of Children from Sexual Offences Act, 2012 (for short
'POCSO Act') and Section 3 (2) (Va) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act
2015 (for short 'SC/ST (P.A.) Act') .
6. Charge sheet has been filed against accused
Nos.1 to 3 for offences punishable under Sections 363, 376
(2) (i), (n), 354, 354 (a) (i) (ii) R/w 34 of IPC, Section 3
(2) (Va) of SC/ST (P.A.) Act and Sections 12, 17, 5(L) R/w
6 of POCSO Act.
7. It is the case of prosecution that, accused No.1
befriended complainant's sister, a minor aged about 15
years and he forced her to love him and by inducing her,
committed sexual assault on her. Further, accused No.3
befriended another victim aged about 13 years and forced
her to cooperate with him for sexual acts. The allegations
against the appellant herein is that he provided a mobile
phone to accused No.1 at his request, which was given by
accused No.1 to complainant's sister, one of the victim,
and she was using the said mobile phone to talk with
accused No.1. It is the further case of the prosecution that
2 to 3 days prior to 12.05.2021, when the complainant's
sister was talking to accused No.1 over mobile phone, she
was caught by her family members and she was
reprimanded. Thereafter, on 12.05.2021, she went to the
house of accused No.1 and on the same day at about 3.00
p.m., both the victims committed suicide by jumping into a
well. Their dead bodies were traced on 14.05.2021 in the
well situated in the land of one Somanagouda, in Yalawara
village.
8. This is an unfortunate case, wherein two minor
girls committed suicide by jumping into a well. The main
allegations are against accused Nos.1 and 3 that, accused
No.1 by inducing one of the victim committed sexual
assault on her and accused No.3 was forcing another
victim to indulge in sexual act. From the charge-sheet
material it appears that accused No.1 was working as a
tractor driver under the appellant herein and in spite of
knowing the friendship between accused No.1 and the
victim, he provided a mobile phone at the request of
accused No.1, helped him and the victim to talk with each
other.
9. The case of the prosecution that the appellant
has abetted and supported accused No.1 to induce the
victim and to commit sexual assault on her by providing a
mobile phone and thereby intentionally aided him to
commit the offence etc. is a matter which has to be
established during trial. At the time of the appellant
approaching the learned Sessions Judge under Section 439
of Cr.P.C., the investigation was pending and it was
observed by the learned Sessions Judge that the
Investigation Officer has to question the witnesses and
search many places and gather a lot of evidence and
therefore, it is not safe to enlarge the appellant on bail. It
appears that since the investigation was pending, the bail
petition was rejected.
10. The appellant was arrested on 22.05.2021 and
after interrogation, he was remanded to judicial
custody. Investigation is completed and charge sheet has
been filed.
11. Looking into the allegations against the
appellant herein and also considering that investigation is
completed and charge-sheet has been filed, without
expressing any view on the merits of the case, the relief
sought by the appellant can be granted. Hence, the
following:
ORDER
Appeal is allowed.
The Order dated 07.07.2021, passed in Crl. Misc.
No.679/2021 by the Addl. Sessions Court, FTSC-I
[POCSO], Vijayapura, is hereby set aside.
The appellant/accused No.2 shall be enlarged on bail
in Crime No.82/2021 registered by B.Bagewadi Police
Station, Vijayapura District, subject to following
conditions:
(1) Appellant shall execute a personal
bond in a sum of `50,000/- [Rupees
Fifty Thousand Only] with two sureties
for likesum to the satisfaction of the
jurisdictional Court.
(2) He shall furnish proof of his residential
address and shall inform the
Court/Investigation Officer, if there is
change in the address.
(3) He shall not tamper with the
prosecution witnesses/evidence either
directly or indirectly.
(4) He shall not leave the jurisdiction of
the trial Court without prior
permission of the learned Sessions
Judge.
(5) He shall appear before the trial Court
on all dates of hearing without fail.
Sd/-
JUDGE
LG/ Ksm*
