Karnataka High Court
Prathimadevi vs State Of Karnataka on 22 November, 2024
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NC: 2024:KHC:47682
CRL.P No. 11781 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 11781 OF 2024
BETWEEN:
PRATHIMADEVI
W/O SURESH KUMAR
AGED ABOUT 32 YEARS,
R/AT GADAGA MARIYA VILLAGE
KANGALI POST, MATIYARI DISTRICT
BIHAR - 854 329, C/O HOUSE OF
MANJUNATH @ BABU R/AT 4TH CROSS,
HOODI VILLAGE, BENGALURU CITY - 560 048
...PETITIONER
(BY SRI. BASAVARAJU .T.A., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MAHADEVAPURA POLICE
STATION, BANGALORE CITY
REPRESENTED BY STATE
Digitally PUBLIC PROSECUTOR PUBLIC
signed by PROSECUTOR'S OFFICE
SWAPNA V HIGH COURT BUILDING
Location: high AMBEDKAR VEEDHI
court of BENGALURU - 650 001
karnataka
2. MANJUNATH @ BABU
S/O CHINNAPPA
AGED ABOUT 40 YEARS,
R/AT 4TH CROSS, HOODI
VILLAGE, MAHADEVAPURA
BENGALURU CITY - 560 048
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1
R2 - SD - UNREPRESENTED)
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CRL.P No. 11781 of 2024
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.542/2014
OF MAHADEVAPURA POLICE STATION, BANGALORE CITY, FOR AN
OFFENCE U/S 302, 376, 201 R/W 34 OF IPC AND SEC. 6 OF POCSO
ACT AND SEC. 3(2)(5) OF SC/ST ACT, WHICH IS PENDING ON THE
FILE OF HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE (FTSC-5)
BENGALURU IN SPL.C.NO.2451/2023.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.2 is before this Court seeking
grant of bail under Section 439 of Cr.P.C. in Crime
No.542/2014 of Mahadevapura Police Station, pending in
Spl.C.No.2451/2023, on the file of the learned Additional City
Civil and Sessions Judge (FTSC-5), Bengaluru, registered for
the offences punishable under Sections 302, 376, 201 read with
Section 34 of Indian Penal Code (for short 'IPC'), Section 6 of
Protection of Children from Sexual Offences Act, 2012 (for short
'POCSO') and Section 3(2)(v) of Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short
'SCST' Act), on the basis of the first information lodged by the
informant - Manjunatha.
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2. Heard Sri. Basavaraju. T.A, learned counsel for the
petitioner and Smt. K.P.Yashodha, learned High Court
Government Pleader for the respondent -State. Perused the
materials on record.
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would arise
for my consideration is:
"Whether the petitioner is entitled
for grant of bail under Section 439 of
Cr.P.C.?"
My answer to the above point is in 'Affirmative' for the
following:
REASONS
4. The petitioner being accused No.2 is seeking grant
of bail. She was apprehended on 02.09.2014 and since then,
she is in judicial custody. The deceased is the minor daughter
of the complainant. The present petitioner is specifically named
in the FIR at the initial stage. After investigation, the charge
sheet came to be filed for the offences punishable under
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Sections 302, 376, 201 read with Section 34 of IPC, Section 6
of POCSO Act and Section 3(2)(v) of SC/ST (POA) Act.
5. The trial has been concluded and accused Nos.1 to
3 were convicted as per the judgment of conviction dated
10.10.2018 and order of sentence dated 11.10.2018,
sentencing this petitioner for life imprisonment. The petitioner
had challenged the said judgment of conviction and order on
sentence before this Court in Criminal Appeal No.368/2019.
The said appeal came to be allowed by the Division Bench of
this Court vide judgment dated 26.10.2023, remanding the
matter to the trial Court for fresh disposal after affording
opportunity to the petitioner to cross-examine the witnesses.
It is further observed in the said judgment that, if the accused
fails to engage the counsel of his choice, the trial Court has to
provide him free legal aid. Accordingly, the petitioner was
produced before the trial Court on 23.11.2023 along with
accused No.1 for re-trial.
6. The petitioner had filed Crl.P.No.5691/2024,
seeking grant of bail. The said petition came to be dismissed
vide order dated 08.07.2024. It is stated that the trial before
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the Court is almost at the fag end and in the meantime, the
claim of accused No.1 who pleaded juvenility was rejected by
the Trial Court. The said order is challenged before this Court in
Crl.RP.No.1169/2024. It is also stated that the entire Trial
Court records were called by the Co-ordinate Bench of this
Court in the revision petition. Therefore, till disposal of the
Crl.RP.No.1169/2024, there is no chance of Trial Court
disposing of the matter.
7. In view of the above, it is uncertain as to when the
revision petition will be disposed off by this Court and the trial
before the Trial Court would conclude. The petitioner is in
judicial custody for more than 10 years and there is no chance
of conclusion of the trial in the near future. Under such
circumstances, detention of the petitioner in custody would
amount to infringement to her right to life and liberty. Hence, I
am of the opinion that the petitioner is entitled to be enlarged
on bail subject to conditions, which will take care of the interest
of the prosecution.
8. Learned High Court Government Pleader submits
that the petitioner is the permanent resident of Bihar and
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securing her presence may be a difficult task and hence, she
prays for insisting for a local surety.
9. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime
No.542/2014 of Mahadevapura Police Station, pending in
Spl.C.No.2451/2023, on the file of the learned Additional City
Civil and Sessions Judge (FTSC-5), Bengaluru, on obtaining the
bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with
two sureties (of which, atleast one local surety) for the likesum
to the satisfaction of the jurisdictional Court, subject to the
following conditions:
a). The petitioner shall not commit similar offences.
b). The petitioner shall not threaten or tamper with the
prosecution witnesses.
c). The petitioner shall appear before the Court
as and when required.
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If in case, the petitioner violates any of the conditions as
stated above, the prosecution will be at liberty to move the
Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial
Court is at liberty to direct the Investigating Officer to verify
the correctness of the address and authenticity of the
documents furnished by the petitioner and the sureties and a
report may be called for in that regard, which is to be
submitted by the Investigating Officer within 5 days. The Trial
Court on satisfaction, may proceed to accept the sureties for
the purpose of releasing the petitioner on bail.
Sd/-
(M G UMA)
JUDGE
SPV
