Sri B Mohan Kumar vs State Of Karnataka
2022 Latest Caselaw 2334 Kant

                                      CRL.A.No.1273/2021

                           1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 14TH DAY OF FEBRUARY 2022

                       BEFORE

      THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

        CRIMINAL APPEAL NO.1273/2021
BETWEEN:

SRI. B.MOHAN KUMAR
S/O LATE BASAVARAJ
AGED ABOUT 30 YEARS
R/AT C/O NEAR TAILOR JAIRAM HOUSE
THOTAGERE VILLAGE, DASANAPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560 064                          ... APPELLANT

(BY SRI.VISHRUTH C., ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY THE STATION HOUSE OFFICER
      NELAMANGALA TOWN POLICE STATION
      BENGALURU RURAL DISTRICT
      (REP. BY STATE PUBLIC PROSECUTOR)
      HIGH COURT BUILDING
      BENGALURU - 560 001

2.    SMT. MARAMMA
      W/O AMBARISH
      AGED ABOUT 35 YEARS
      C/O KEMPARAJU
      VAJARAHALLI, KASABA HOBLI
      NELAMANGALA TALUK
      BENGALURU - 562 123                 ... RESPONDENTS
(BY SMT RASHMI JADHAV, HCGP FOR R1;
    R2 SERVED)
                                              CRL.A.No.1273/2021

                              2


      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
OF SC/ST (POA) ACT, 1989 PRAYING TO ENLARGE THE
APPELLANT ON BAIL IN CR.NO.96/2020 OF RESPONDENT
POLICE STATION, AGAINST THE APPELLANT FOR THE
OFFENCES PUNISHABLE UNDER SECTION 366, 366(A),
376(2)(3), 506, 420 OF IPC AND SECTION 4(2) OF POCSO ACT
AND SECTION 3(2)(V) OF SC/ST (POA) ACT.

      THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Heard.

2. Aggrieved by the rejection of his bail

application, accused in Spl.C.No.511/2020 on the file of II

Additional District and Sessions Judge & Special Judge,

Bengaluru Rural District, Bengaluru, has preferred the

above appeal.

3. The appellant is facing trial in the said case for

the offences punishable under Sections 366, 366A,

376(2)(3), 506, 420 of IPC and Section 4(2) of POCSO Act

and 3(2)(v) of Scheduled Caste and Scheduled Tribe

(Prevention of Atrocities) Act, 1989 on the basis of the

chargesheet filed by Nelamangala Town Police Station in

Crime No.96/2020 of their Police Station.

CRL.A.No.1273/2021

4. Case of the prosecution is as follows:

C.W.1 and 8 are the parents of C.W.2 victim girl

aged 14 years. C.W.7 is the younger brother of C.W.2.

They belong to Scheduled Caste. They are migrant

laborers from Raichur District and residing in Vajarahalli,

Nelamangala Taluk. On 16.09.2020 at 6.00 p.m., the

accused picked up C.Ws.2 and 7 on his motor bike

representing that their father C.W.8 is hospitalized and he

has asked him to bring them. After traveling for certain

distance, the appellant sent back C.W.7 saying he should

go home and get his mother. Then he took C.W.2 on his

motor bike to an isolated place of Nelamangala -

Doddaballapura road and under criminal intimidation

committed aggravated sexual assault on her, then

abandoned her and escaped. Then, injured C.W.2 went to

the nearby house of C.W.6 and sought help. By that time,

C.W.1 had filed missing complaint. On the information of

C.W.6, victim was traced by the parents.

CRL.A.No.1273/2021

5. The appellant was arrested on 24.10.2020,

since then he is in judicial custody. The trial Court by the

impugned order rejected the bail petition of the appellant

on the ground that there is sufficient material to believe

that he has committed the offences alleged against him.

6. Learned counsel for the appellant submits that

absolutely there is no material to connect the appellant to

the crime. He further submits that there is discrepancy in

the prosecution material with regard to motor bike used in

the commission of the offence.

7. Learned HCGP submits that there is sufficient

material to show the involvement of the appellant in the

crime. She further submits that the appellant is involved

in several other criminal cases.

8. Charge sheet contains the statement of the

victim girl, medical records and statement of C.W.7-

brother of the victim. There are witnesses to speak that

they found the appellant taking victim on his motor bike.

CRL.A.No.1273/2021

Thereafter, she was found by C.Ws.6 and 9 in ravished

condition. Charge sheet records further show that the

appellant is involved in several other cases.

9. Having regard to the gravity of the offences

and the material on record, the trial Court has rightly

declined to exercise its discretion to grant bail. This Court

does not find any illegality in the said order. Therefore, the

appeal is dismissed.

Sd/-

JUDGE

pgg