Aravinda vs State Of Karnataka
2022 Latest Caselaw 11948 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19 T H DAY OF SEPTEMBER, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

        CRIMINAL APPEAL NO.1259 OF 2022

BETWEEN:
Aravind a
S/o Ranga Reddy
Aged about 69 years
R/at Bijapura colony
Lingapaya Kadu
Karnadu Villag e
Mang alore-575213.
                                            ...Appellant
(By Sri Dhananjay Kumar, Advocate)

AND:

1.    State of Karnataka
      By Mulki Police Station
      Mulki
      Rep. by SPP
      Hig h Court of Karnataka
      Bang alore-560001.

2.    Kumari Jayamma Belleri
      Aged about 20 years
      D/o Ning app a Belleri
      R/at C/o.Chennamallaiah Hiremat
      @ Arjun, Rented House
      Industrial Area
      Near Sri Durga Interlock favors Company
      Kolnad u Villag e, Mang alore Taluk-575001
      Permanent Address
      Anand Nag ar, Makan Gaslli
      Badami Taluk, Bagalkot District.
                                           ...Respondents
                             :: 2 ::


(By Sri K. Rahul Rai, HCGP for R1;
 R2 served - unrep resented)



       This   Criminal   Appeal    is   filed   under        Section
14(A)(2) of SC/ST (POA) Act, p raying to allow this
app eal and enlarge the appellant on bail in Spl.Case
No.183/2020 in CR. No.55/2020 registered by Mulki
P.S., on the file of the II Addl. District and Sessions
Judge,    FTSC-I(POCSO),        D.K.,   Mang alore       for     the
offence punishab le und er Section 376, 312, 315, 204
of IPC and Section 3(1)(W)(1), 2(V) of SC/ST POA Act
and Section 4 and 6 of POCSO Act.


       This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:

                         JUDGMENT

This is an appeal filed under section 14(A)(2)

of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, ["SC/ST (POA) Act"

for short]. The court below by its order dated

22.6.22 rejected the appellant's application made

under section 439 Cr.P.C. for bail in connection

with FIR registered in Cr.No.55/2020 at Mulki

Police Station for the offences under sections 312 :: 3 ::

and 315 IPC, sections 4 and 6 of POCSO Act and

sections 3(1)(w)(1) and (2)(V) of SC/ST(POA) Act.

Hence this appeal.

2. Heard Sri. Dhananjay Kumar, learned

counsel for the appellant and the Government

Pleader for respondent no.1. Respondent no.2 is

served with notice, but there is no representation

on her behalf.

3. Perusal of the impugned order clearly

shows that the court below has not applied its

mind to the facts of the case. The FIR clearly

shows that the girl herself solicited sexual

intercourse from one Huliyappa and she became

pregnant. She met the appellant for aborting her

pregnancy. The appellant, who appears to be a

medical practitioner, gave her tablets. As she

consumed the tablets there was bleeding resulting

in abortion.

:: 4 ::

4. The second respondent gave her statement

before the Magistrate under section 164 Cr.P.C. In

the statement she does not implicate the

appellant. What she has stated is that she

swallowed four pain killing tablets. Even

otherwise, a bare perusal of the material placed on

record, at this stage it is difficult to infer the

applicability of sections 312 and 315 IPC against

the appellant. Moreover his age is 69 years and

charge sheet has already been filed. He is in

custody since 17.6.2022. His presence can be

secured before the court. These are the aspects

that should have guided the trial court for deciding

the application. For these reasons, the impugned

order is not sustainable. Therefore it is set aside.

Hence the following:

ORDER

Appeal is allowed.

:: 5 ::

The order passed by the Additional District and Sessions Judge, FTSC-I (POCSO), D.K., Mangaluru dated 22.06.2022 in Spl.Case.No.183/2020 is set aside.

The appellant is admitted to bail on obtaining from him a bond for Rs.50,000/- (Rupees Fifty Thousand only) and one surety for the likesum to the satisfaction of the trial court. The appellant is also subjected to following conditions:-

i.    He    shall    not     tamper        with      the
      evidence        collected            by        the
      investigating       officer    and     threaten
      the witnesses.

ii. He shall regularly appear before the trial court till conclusion of the trial.

iii. Till conclusion of the trial, the appellant shall mark his attendance before the jurisdictional police once in 15 days, preferably on Sunday between 9 am and 12 noon.

:: 6 ::

iv. He shall not get involved in any other criminal case/s in future. In case of any FIR is registered against him, the same will be considered for cancellation of bail.

Sd/-

JUDGE

sd