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EN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 3RD DAY OF FEBRUARY"2G{)ۤ Lkf'
BEFORE
THE HQNBLE Is/:R.JUsTICEi:i};J;gGA:aiNAT§5IArxE%ViL"' T
CRIMINAL PETYFIQN No.'m e3/2oTo9%V '
BETWEEN:
1. Srésripal, '
S/0 Mohanlal Jain;.,, _ '
Age: 20 yaagrs, ' "
Gk-."..c: " =l:3 ¥1s%ii1s§sS,
R/c'21_2*£h W0ami--, 'Medar Road,
i~Iespr::--t_, Dist::- Petitioner
- (By._Sri.EJagadiéh' Pam, Adv.)
':'1:-£3 stateiéf Iija§i?i1ata1<a,
By "BaiIaE\1011;,<§a.i PS.
I Now by its SPF,
"High Court Buildings,
C_'Ci:*cuift; Bench,
_' '}'D_ha1-'wad. » Respondent
% x 4%}: Sri. Aravind K. Navalgimatll, HCGP)
:2:
T This criminal petitionwis filed under Seetion____439
Cr.P.C. praying to direct the Baiihongai Police Station,
Belgaum, and eniarge the petitioner on bail
No.190/O8. . V’
This criminai petition coming on ”
day, the Court made the fo1loWin.g:””‘ A
ORDER17Vddi
Heard both sides.
2. The petitioner hereii1.”L_’is”‘vone of ‘tiiiedccuseci
persons among 16 persons i:1,Who:n a wee
was registered_–vV _N’_o.190/2008 for ofiences
pun1sha§gai;:f.mde.1?’sectgcgiée 1363, 368, 342, 366(3), 376,
114, ;J;2{)_{b) 51*’-»3:ée’iané. sections 3(2)(v} of SC/ST PA Act
aliegations are that the father of
a complaint on 8. 12.2008, stating
V V’ . thaf””‘his–.’:daiighter was missing and was kidnapped by
‘Vi’-2′:-.i§1ceL1sed””no.1 Anuja Baehannavar. On investigation, it
-i reveaied that accused no.1 took the girl to several
” “pieces at Hubli and subjected her to sexual intercourse
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by several persons and this petitioner is scgiflég-Eta to be
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one of the persons who had sexual i;1tereouree”tv«§th_j:th.e_ %
girl in the hotel at Hospet ea}1edV Mafalige v
afterwards the girl was rescues; as
escape from the house ofonge P*al1é1x’i [and
following the statemeet givext ‘t,§1e the case
oazzne to be registered zigsinsf 135 persons.
3 The ‘of; for the
petitioner J eeeiised persons having
been and as far as this
petitio11’er__iLs are no ailegations of either
§a5dI1Ea’pping’4.or.V fietitioner runnizlg a sex racket and
‘V ielfkiegationegainst the petitioner is that he was
“Qne___of who had sexual intercourse with the
was kept in a hotel by the main accused.
‘ ‘ = fexsarefore, the submission is made that this petitioner
.’ a guliible customer not knowing the II1i310i’i1l}’ of
Wthe proseeutrix and not involved in the act of
kidnapping sad other ofienees, which are alleged mainly
E:
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against accused I10. 1 and others, these _
taken note of and the petitioner; granted. in ” ” ‘V
support of his submission,
petitioner placed reliance o3f1__’a….decis~’m:r; pf’ -. V ”
High Court reported
4. On the ot§;_e_f Government
Advocate the nature of
allegations persons, it is not a
fit caseite ito, jgefifioner.
V5; d35Iaj:*i:}g’V–. to the above submissions
V’ and the statement of the victim aiso reveal)?/that
kidnapped by the main accused no.1
was .ta}_;en to several places and accused nos. 13
34-.V__A’;1avi1″1g had sexual intercourse by giving life
‘A to her and there aflzemrards the gir} being taken
dd …’r_.0E several places and at last she was taken to Hospet
where this petitioner is said to have sexual intercourse
with the gir}, I am of the View that there is some force in
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the submission made by the petifio:1er’s
Further in the decision rendered by .
referred to by the l63§’Ii€d Counsel.,…it_has’ K ”
where the applicant happens to
and could not have gathered,.V_iI1fo’1’311a1:lo11_ the * L’
minority of the wlrlere aprimafi faeie it
appears that the with sex
racket and the of.V:’tl1evV’p’.:eoeeeut0x’ix, these
factors ” of bail to the
appfieeet’; the observations made at
pa1’a§’a1;:»li.. ‘a§’oi*esaié decision by the Bombay
«i:he.’instant case also as there are no
alle’gation$j’tl1is petitioner having been involved in the
aster the girl or he being 21 member of this
sex raeket, I 83121 of the View that the petitioner can be
bail by imposi:1g eonditicms to safeguard the
gjgtereet of the prosflai/téon.
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6. In the resuit, the patition is a}1ow¢§1; ‘»’§’he
petitioner shall be released on bail on his
personal bond for a sum of ”
sureties for the like sum to the trial:
The petitioner shall. ndt”._ ‘ta1I1p§:r”~¥ :
presecution witnesses and fgiirafihreat to
the witnesses of the _ A H
The petitioner has ‘i:j;€.éndance before
€}.’1€'{5I} 15th and 30311 of every
monthaii 16 AM. and .3 RM.
_ _'{‘heL “petit3,Qr:ei*’-$’1iai1 not involve hirnself in offences
‘ V’ 0i”vL1ike,.;::1at1z1re iii fLit{1;{‘e;
‘ — of any of the above conditions would
e11}§it1eVt}’1§:-.pi;osecuti0n to apply far carzctailation caf hail.
Sd/-i
Iudge
Sub*