Karnataka High Court
Eshwari vs The State Of Karnataka on 23 January, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:3010
CRL.P No. 146 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 146 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
ESHWARI
W/O ESHWAR RAO,
AGED ABOUT 41 YEARS,
PERMANENT RESIDENT OF
NO. 1-174, PEDDA VEEDHI,
VAJRAPUKOTTURU, SAINURU,
SRIKAKULAM DISTRICT,
ANDHRA PRADESH-532 218
...PETITIONER
(BY SRI. H. MOHAN KUMAR, ADVOCATE)
AND:
Digitally THE STATE OF KARNATAKA
signed by BY AVALAHALLI POLICE STATION,
LAKSHMI T
Location:
BY STATE PUBLIC PROSECUTOR,
High Court HIGH COURT BUILDING,
of Karnataka BENGALURU - 560 001.
...RESPONDENT
(BY SRI. RANGASWAMY R., ADVOCATE)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL
UNDER SECTION 439 OF CR.PC IN CRIME NO.94/2015 DATED
08.05.2015 AND SPL.C.NO.408/2017 FILED BY AVALAHALLI
POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
-2-
NC: 2025:KHC:3010
CRL.P No. 146 of 2025
343, 344, 366(A), 370, 370(4), 370(A), 372, 373 R/W 34 OF
IPC AND SECTION 3, 4, 5, 6, 7 & 9 OF THE ITP ACT AND
SECTION 3, 4, 7, 8 AND 17 OF THE POCSO ACT, ON THE FILE
OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1,
BENGALURU RURAL DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner/accused No.3 in Crime No.94/2015 of
Avalahalli Police Station, Hoskote, Bengaluru has preferred
this petition to enlarge her on bail.
2. The above crime was registered for offences
punishable under Section 343, 344, 366(A), 370, 370(4),
370(A), 372, 373 r/w 34 of IPC, Section 3, 4, 5, 6, 7, 9 of
ITP Act and Section 3, 4, 7, 8 & 17 of POCSO Act.
3. A suo moto complaint was lodged by CPI,
Hoskote Circle, alleging that the accused named in the FIR
have forced the minor victims to involve in immoral
NC: 2025:KHC:3010
activities. Charge sheet was filed against accused Nos.1
to 5 for offences punishable under Section 3, 4, 5, 6, 7, 9
of ITP Act, Section 8, 17, 3, 4 and 7 of POCSO Act, 2012
and Section 370(4), 370(A), 372, 373, 34, 370, 343, 344
and 366(A) of IPC.
4. The incident relates to the year 2015. The case
was registered on 08.05.2015. The petitioner came to be
arrested on 23.10.2024 and she is in judicial custody.
5. The learned Sessions Judge while dismissing
the bail petition has observed that from 14.11.2017 till
31.12.2018, NBWs were issued against accused Nos.3 to
5, however, even after the proclamation issued against the
said accused which was duly published on 01.10.2019 and
order was passed to record the evidence under Section
299 of Cr.P.C., once again it was ordered to issue
proclamation against the said accused.
6. It is noticed by the learned Sessions Judge that
except the names of accused Nos.3 to 5, their addresses
were not at all mentioned by the I.O., who submitted the
NC: 2025:KHC:3010
charge sheet and therefore, once again NBWs were issued
to the said accused through the concerned Dy.SP., and at
that stage, accused No.3 came to be secured from Gudur,
Tirupati District of Andhra Pradesh.
7. The allegations against the petitioner are that
she introduced the victims to accused No.2. Learned
counsel for petitioner has furnished a copy of the
judgment passed in Spl.C.No.139/2015 dated 23.09.2022,
wherein the learned Sessions Judge has acquitted accused
Nos.1 and 2.
8. Petitioner has undertaken to furnish solvent
surety for her release. Hence, the following:
ORDER
(i) Petition is allowed.
(ii) Petitioner/accused No.3 in Spl.C.No.408/2017
pending on the file of the Additional District and Sessions
Judge, FTSC-I, Bengaluru Rural District, Bengaluru (Crime
NC: 2025:KHC:3010
No.94/2015 of Avalahalli Police Station, Bengaluru) shall
be enlarged on bail, subject to following conditions:
1. She shall execute a personal bond in a
sum of Rs.50,000/- (Rupees Fifty
Thousand only) with a solvent surety
for the likesum to the satisfaction of
the jurisdictional Court.
2. She shall furnish proof of her
residential address and shall inform
the Court, if there is change in the
address.
3. She shall not directly or indirectly
tamper with the prosecution
witnesses.
4. She shall not indulge herself in
committing any offence.
5. She shall appear before the trial
Court regularly on all dates of
hearing.
NC: 2025:KHC:3010
Violation of any of the above condition shall result in
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
Ct: ra
