Harinarayana @ Hari vs State Of Karnataka
2023 Latest Caselaw 3635 Kant

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                                                           NC: 2023:KHC:21753
                                                            CRL.A No. 885 of 2023




                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 23RD DAY OF JUNE, 2023

                                                BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                   CRIMINAL APPEAL NO. 885 OF 2023
                        BETWEEN:

                        HARINARAYANA @ HARI
                        S/O LATE CHINNANNA,
                        AGED ABOUT 57 YEARS,
                        R/AT NO.1521, MELINA PETE,
                        HOSAKOTE TOWN,
                        BENGALURU RURAL DISTRICT-562 114.
                                                                     ...APPELLANT
                        (BY SRI. S.N. BHAT, ADVOCATE)

                        AND:

                        1.    STATE OF KARNATAKA
                              KOLAR WOMEN POLICE STATION
                              KOLAR-563101
                              REP BY SPP
Digitally signed by B
K
MAHENDRAKUMAR
                              HIGH COURT OF KARNATAKA,
Location: High Court
of Karnataka
                              BENGALURU-560 001.

                        2.    SMT SARASWATHAMMA
                              W/O ANJINAPPA,
                              AGED ABOUT 36 YEARS,
                              R/AT SHARADA TALKIES ROAD,
                              NEAR GOVERNMENT SCHOOL,
                              KATARIPALYA, KOLAR TOWN ,
                              KOLAR-563 101.
                                                                ...RESPONDENTS
                        (BY SRI. S. VISHWAMURTHY, HCGP FOR R-1/STATE;
                            R-2 SERVED)
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                                       NC: 2023:KHC:21753
                                          CRL.A No. 885 of 2023




     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE
ORDERS PASSED BY THE LEARNED ADDITIONAL DISTRICT
AND SESSIONS JUDGE, FTSC-1 (POCSO) AT KOLAR IN
SPL.S.C.IPC AND SC/ST NO.13/2022 DATED 23.02.2023.

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

This appeal is filed by the appellant-accused No.3

under Section 14(A) (2) of the SC/ST POA Act, to set aside the

order of dismissal of the bail application filed under Section 439

of Cr.P.C by the Additional District and Sessions Judge, FTSC-I

(POCSO) at Kolar in Spl.S.C.IPC and SC/ST No.13/2022 dated

23.02.2023.

2. Heard the arguments of learned counsel for the

appellant, learned High Court Government Pleader for the

respondent No.1-State. Respondent No.2 though served with

notice remained absent.

3. The case of the prosecution is that:

On the complaint made by the mother of the victim girl, a

case came to be registered by the Police against the appellant

and others and the charge sheet was filed. It is alleged that,

the victim girl aged about 15 years came to Bengaluru in

NC: 2023:KHC:21753 CRL.A No. 885 of 2023

search of job and at that time accused No.1 Zareena with an

assurance of getting her job took the victim girl to her house

and thereafter to the house of this appellant who is accused

No.3. This appellant-Accused No.3 sexually assaulted the victim

girl by touching her body inappropriately and also compelled

her for prostitution. When she refused for the same, accused

No.3 sent her back with accused No.1 as he has fixed

Rs.15,000/- for her. Then accused No.1 took the victim girl to

her house where her son accused No.2 sexually assaulted her

and also compelled her for brothel by bringing the customers.

4. It is also stated that inspite of knowing her age, caste

that she belongs to SC/ST, the appellant and other accused

harassed her and also compelled her for prostitution by human

trafficking. After registering the FIR, this appellant-accused

No.3 was arrested on 15.8.2022 and he was remanded to

judicial custody. Prior bail application filed by the appellant

came to be rejected. Hence, the appellant is before this Court

in this appeal seeking for bail.

5. Most of the witnesses who have been examined by

the prosecution have turned hostile except the victim girl and

NC: 2023:KHC:21753 CRL.A No. 885 of 2023

from the last 6 months victim girl is not appearing for the trial

and it was reported that she is missing. Therefore, there is no

chance of concluding the trial in the near future and the

accused No.3 is in judicial custody for almost 10 months.

6. Having heard the submission of the learned counsel

for the parties and perusing the records, Of course, accused

No.1 took the victim girl to the house of present-appellant-

accused No.3 and he had touched her body inappropriately and

compelled her for brothel for which the victim girl refused and

he had given her back to accused No.1 after receiving

Rs.15,000/- which is nothing but human trafficking an offence

punishable under Section 370 of IPC and she is minor girl and

offence is punishable under Section 370 (4) of IPC.

7. The appellant-accused No.3 is in custody from

15.8.2022 almost for the period of 10 months and the trial is

not yet concluded by the Special Court and it is due for the

examination of the victim girl. It is submitted by the learned

HCGP that, victim girl is missing from January 2023 and

missing complaint is also lodged by the complainant and the

Police is not able to trace her whereabouts.

NC: 2023:KHC:21753 CRL.A No. 885 of 2023

8. Taking into consideration the facts and circumstances,

ofcourse the offence committed by the accused person is

serious and involves human trafficking but without the cross

examination of the victim girl prosecution is not able to prove

the case against the accused person. For the last 6 months

Police is not able to trace the victim girl and the trial could not

be concluded in the near future. Therefore, I am of the view, by

imposing certain conditions, if bail is granted to the appellant-

accused No.3, no prejudice would be caused to the prosecution

case.

9. Accordingly, the appeal is allowed.

10. The order of the trial Court rejecting the bail in Spl.S.C.

IPC and SC/ST No.13/2022 dated 23.02.2023 is hereby set

aside.

11. The bail application is allowed.

12. The trial Court is directed to release the appellant on

bail in Crime No.0014/2022 registered by the Kolar Women

Police Station for the offence punishable under Sections 363,

NC: 2023:KHC:21753 CRL.A No. 885 of 2023

370 (4), 370(A-1), 376, 343 of IPC and under Section 6,8,17

and 21 of Protection of children from Sexual offences Act,

2012, Section 3, 3(1), 4, 5 & 6 of ITP Act, Section 77 of

Juvenile Justice Act and Section 3(2) (v) of SC/ST (POA) Act,

subject to the following conditions:

(i) The appellant-accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum;

(ii) He shall not indulge in similar offences strictly;

(iii) He shall not tamper with the prosecution witnesses directly/ indirectly;

(iv) He shall not leave the jurisdiction of the Court without prior permission of the this court.

If any of the condition is violated the prosecution/victim-defacto complainant is at liberty to file application for cancellation of bail.

Sd/-

JUDGE

HR