Karnataka High Court
Kaleem vs State Of Karnataka By on 14 July, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1039/2022
BETWEEN:
KALEEM
S/O JAIULLA
AGED ABOUT 27 YEARS
R/O TERAKANAMBI VILLAGE
GUNDLUPET TALUK
CHAMARAJNAGAR DISTRICT - 571 123
... APPELLANT
(BY SRI. PARAMESHWARAPPA C., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
TERAKANAMBI POLICE STATION
CHAMARAJNAGAR DISTRICT - 571 123
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT BENGALURU - 560 001
2. MR. RATHNAMMA
S/O SHIVAIAH
AGED ABOUT 36 YEARS
R/OF TRIAMBAKAPURA
GUNDLUPET TALUK
CHAMARAJNAGAR DISTRICT - 571 123
... RESPONDENTS
(BY SRI. KRISHNA KUMAR K.K., HCGP FOR R1)
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A
OF THE SCHEDULED CASTE AND SCHEDULED TRIBE
2
(PREVENTION OF ATROCITIES) ACT, 1989 PRAYING TO
ALLOW THE ABOVE APPEAL AND SET ASIDE THE ORDER
DATED 11.05.2022 IN SPL.C.NO.63/2022 PASSED BY THE
LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AT
CHAMARAJANAGAR AND THEREBY PLEASED TO GRANT BAIL
TO THE APPELLANT IN CONNECTION WITH THE CRIME
NO.10/2022 OF TERAKANAMBI POLICE STATION,
CHAMARAJANAGAR DISTRICT FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 363, 366 OF IPC AND
SECTIONS 8 AND 12 OF POCSO ACT, 2012 AND SECTION
3(1)(W)(i), (ii) 3(2)(v-a) OF THE SC/ST (POA) ACT, 1989
PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT CHAMARAJNAGAR IN
SPL.C.NO.63/2022.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING;
JUDGMENT
This appeal is preferred by the sole accused in
Crime No.10/2022 registered at Terakanambi Police
Station, praying to set aside the order passed by the
Sessions Court dismissing his petition filed under Section
439 of Cr.P.C. and to enlarge him on bail.
2. The above case was registered on a complaint
lodged by victim's mother regarding missing of her minor
daughter aged about 16 years on 28.01.2022 from
9.15.a.m. On the next day i.e. on 29.01.2022 at about
9.00.a.m. victim was traced near KSRTC bus stand in
Chamarajanagar. Thereafter, her statement was recorded.
3. It is alleged that the appellant herein by
posing threat and also promising to marry, kidnapped
the victim girl on a motor cycle and took her to Begur,
from there to Chamarajanagar and then to Talavadi and
thereafter dropped her near KSRTC bus stand in
Chamarajanagar and went away.
4. Prosecution has alleged that the appellant has
kidnapped a minor girl who belong to Schedule Caste
from the lawful custody of her parents and touched her
inappropriately and thereby committed offences
punishable under Sections 8 and 12 of Protection of
Children from Sexual Offences Act, 2012 and Sections
3(1)(W)(i), (ii), 3(2)(v-a) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
5. Respondent No.2/defacto complainant has
been served and she is present before the Court.
6. Learned counsel for the appellant has
contended that victim has voluntarily accompanied the
accused and even according to her statement, at the
time when she was with accused she has not raised any
alarm or resisted his act. He contends that the
allegation of threat posed to the victim is on account of
tutoring. He submits that accused is in judicial custody
from 29.01.2022 and now investigation is completed and
charge sheet is filed. He submits that accused is ready
and willing to abide by any conditions. Accordingly, seeks
to allow the appeal.
7. Learned HCGP has contended that victim
being a minor, there are all chances of accused
tampering and threatening her, in the event he is
enlarged on bail. Therefore, he seeks to dismiss the
appeal.
8. I have heard both sides and perused the
material on record.
9. I have perused the statement of the victim
recorded under Section 164 Cr.P.C, wherein the victim
has stated that the accused kidnapped her on a motor
cycle by threatening her and took her to Gundlupet, from
there to Begur and Talavadi, thereafter dropped her near
the bus stand. It is stated that accused threatened her
not to inform the incident to others.
10. Perusal of the statement recorded under
Section 164 Cr.P.C. does not indicate that there was any
sexual assault committed by the appellant. The
allegation that victim was forcibly taken by the accused
and she was threatened etc, has to be established in due
course. The appellant was arrested on 29.01.2022 and
he is in judicial custody since then. Now investigation is
completed and charge sheet has been filed. Taking into
consideration the facts and circumstances, the appellant
can be admitted to bail, by imposing stringent
conditions. Hence, the following:
ORDER
The appeal is allowed. Impugned order dated
11.05.2022 passed in Spl.C.No.63/2022 is set aside.
The appellant shall be enlarged on bail in Crime
No.10/2022 of Terakanambi Police Station now pending
on the file of Prl. District and Sessions Judge at
Chamarajanagar in Spl.C.No.63/2021 on the following
conditions:
1. The appellant shall execute a personal
bond in a sum of Rs.50,000/- with two
sureties for likesum to the satisfaction of
the learned Sessions Judge.
2. The appellant shall furnish his address
proof and shall inform the Court if there
is any change in the address.
3. The appellant shall not tamper the
prosecution witnesses.
4. The appellant shall not contact the
victim and shall not put any threat or
inducement to her in any manner.
5. The appellant shall mark his attendance
before the jurisdictional police station on
every Saturday between 10.00 a.m. and
2.00 p.m. till conclusion of the trial or
until further orders.
6. The appellant shall appear before the
trial Court on all dates of hearing without
fail.
If any of the above conditions are violated, then
bail granted to the appellant is liable to be cancelled.
Sd/-
JUDGE
pgg
