Punith vs State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1855987
CourtKarnataka High Court
Decided OnApr-01-2024
Case NumberCRL.P/248/2024
JudgeS Vishwajith Shetty
AppellantPunith
RespondentState of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 1st day of april, 2024 before the hon'ble mr justice s vishwajith shetty criminal petition no. 248 of 2024 between: punith, aged about 29 years, s/o lakkappa, r/at dashalli village, gandasi hobli, arasikere taluk, hassan district - 573 133. …petitioner (by sri. p. nataraju, advocate) and:1. state of karnatakaby halebeedu police station, digitally hassan district, signed by v represented by state public prosecutor, krishna high court building, location: high court of bengaluru - 560 001. karnataka2. smt. mamatha, aged about 41 years, w/o vishwanatha, supervisor, cdpo office, belur, hassan district - 573 115. r/at basadihalli, halebeed(h), -2-belur(t), hassan district - 573 115. …respondents (by sri. r. rangaswamy, hcgp for r1; r2 served and unrepresented) this crl.p is filed u/s 439 of cr.pc praying to release him on bail in cr.no.36/2023 registered by halebeedu police station, hassan district, for the offence p/u/s 10, 12, 8 and 21 of the protection of children from sexual offences act, 2012 and u/s 3(2)(va), 3(1)(w)(ii), and 3(1)(w)(i) of the sc and st(poa) act, 2015 and u/s 119, 114, 509 and 354a of ipc, pending on the file of the learned additional district and sessions judge, ftsc-1 at hassan, in spl.case no.241/2023 by allowing this petition. this petition, coming on for orders, this day, the court made the following:orderaccused no.1 in spl.case no.241/2023 pending before the additional district and sessions judge, ftsc-i, hassan, arising out of crime no.36/2023 registered by halebeedu police station, hassan, for the offences punishable under section 354(a), 509, 114 and 119 of ipc and sections 10, 12, 8, 21 of protection of children from sexual offences act, 2012 and sections 3(2)(va), 3(2)(vii), 3(1)(w)(i), 3(1)(w)(ii) of sc and st (prevention -3- of atrocities) amendment act, 2015 is before this court under section 439 of cr.p.c.2. heard the learned counsel for the parties.3. on the basis of the report dated 08.03.2023submitted by respondent no.2 herein, f.i.r. in crime no.36/2023 was registered by halebeedu police station, hassan against petitioner herein and four others for the aforesaid offences and petitioner is arraigned as accused no.1 in the f.i.r. during the course of investigation in the said case, petitioner was arrested on 09.03.2023. investigation in the case is completed and charge sheet has been filed. the petitioner's bail application filed before the trial court in spl.case no.241/2023 was rejected on 22.12.2023. therefore, he is before this court.4. learned counsel for the petitioner submits thataccused no.2 has been already granted regular bail by this court in crl.p.no.9311/2023 disposed of on 03.11.2023. the maximum punishment for the alleged offence is -4- imprisonment for a period of seven years. accordingly, he prays to allow the petition.5. per contra, the learned hcgp has opposed thebail application. he submits that the victims have made specific allegation against the petitioner herein and their statement under section 164 of cr.p.c, is also recorded. accordingly, he prays to dismiss the petition.6. f.i.r. in the present case was registered based on the report submitted by respondent no.2 to the effect that, officials and other staff of kitturu rani chennamma residential school, halebeedu, hassan district havemisbehaved with the inmates of the said school. during the course of investigation of the said case, the petitioner who was working as cook/watchman in the said school was arrested on 09.03.2023 and ever since he is in custody. the statement of the victim girls are already recorded under section 164 of cr.p.c. the allegation against the petitioner and accused no.2 is that they had misbehaved with the victim girls while playing volleyball and had -5-touched them inappropriately. the maximum punishment for the alleged offence is imprisonment for a period of 7 years. investigation in the case is completed and charge sheet has been filed. accused no.2 has been granted regular bail by this court in crl.p.no.9311/2023 disposed of on 03.11.2023. the petitioner is in custody since 09.03.2023. under these circumstances, i am of the view that, prayer made by the petitioner for grant of regular bail is required to be answered in affirmative. accordingly, the following:orderthe petition is allowed. the petitioner is directed to be enlarged on bail inspl.case no.241/2023 pending before the additional district and sessions judge, ftsc-i, hassan, arising out of crime no.36/2023 registered by halebeedu police station, hassan, for the offences punishable under section 354(a), 509, 114 and 119 of ipc and sections 10, 12, 8, 21 of protection of children from sexual offences act, 2012 and sections 3(2)(va), 3(2)(vii), 3(1)(w)(i), 3(1)(w)(ii) of sc-6- and st (prevention of atrocities) amendment act, 2015 subject to the following conditions:a) the petitioner shall execute a personal bond for a sum of rs.1,00,000/- (rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional court; b) the petitioner shall appear regularly on all the dates of hearing before the trial court unless the trial court exempts his appearance for valid reasons; c) the petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses and he shall not visit the residential school; d) the petitioner shall not leave the jurisdiction of the trial court without permission of the said court until the case registered against him is disposed off; e) the petitioner shall not involve in similar offences in future.sd/- judge nms/list no.: 3 sl no.: 4
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 248 OF 2024 BETWEEN: PUNITH, AGED ABOUT 29 YEARS, S/O LAKKAPPA, R/AT DASHALLI VILLAGE, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 133. …PETITIONER (BY SRI. P. NATARAJU, ADVOCATE) AND:

1. STATE OF KARNATAKA

BY HALEBEEDU POLICE STATION, Digitally HASSAN DISTRICT, signed by V REPRESENTED BY STATE PUBLIC PROSECUTOR, KRISHNA HIGH COURT BUILDING, Location: High Court of BENGALURU - 560 001. Karnataka

2. SMT. MAMATHA, AGED ABOUT 41 YEARS, W/O VISHWANATHA, SUPERVISOR, CDPO OFFICE, BELUR, HASSAN DISTRICT - 573 115. R/AT BASADIHALLI, HALEBEED(H), -2-

BELUR(T), HASSAN DISTRICT - 573 115. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO RELEASE HIM ON BAIL IN CR.NO.36/2023 REGISTERED BY HALEBEEDU POLICE STATION, HASSAN DISTRICT, FOR THE OFFENCE P/U/S 10, 12, 8 AND 21 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND U/S 3(2)(va), 3(1)(w)(ii), AND 3(1)(w)(i) OF THE SC AND ST

(POA) ACT, 2015 AND U/S 119, 114, 509 AND 354A OF IPC, PENDING ON THE FILE OF THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 AT HASSAN, IN SPL.CASE NO.241/2023 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Accused No.1 in Spl.Case No.241/2023 pending before the Additional District and Sessions Judge, FTSC-I, Hassan, arising out of Crime No.36/2023 registered by Halebeedu Police Station, Hassan, for the offences punishable under Section 354(A), 509, 114 and 119 of IPC and Sections 10, 12, 8, 21 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(2)(va), 3(2)(vii), 3(1)(w)(i), 3(1)(w)(ii) of SC and ST (Prevention -3- of Atrocities) Amendment Act, 2015 is before this Court under Section 439 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. On the basis of the report dated 08.03.2023

submitted by respondent No.2 herein, F.I.R. in Crime No.36/2023 was registered by Halebeedu Police Station, Hassan against petitioner herein and four others for the aforesaid offences and petitioner is arraigned as accused No.1 in the F.I.R. During the course of investigation in the said case, petitioner was arrested on 09.03.2023. Investigation in the case is completed and charge sheet has been filed. The petitioner's bail application filed before the trial Court in Spl.Case No.241/2023 was rejected on 22.12.2023. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that

accused No.2 has been already granted regular bail by this Court in Crl.P.No.9311/2023 disposed of on 03.11.2023. The maximum punishment for the alleged offence is -4- imprisonment for a period of seven years. Accordingly, he prays to allow the petition.

5. Per contra, the learned HCGP has opposed the

bail application. He submits that the victims have made specific allegation against the petitioner herein and their statement under Section 164 of Cr.P.C, is also recorded. Accordingly, he prays to dismiss the petition.

6. F.I.R. in the present case was registered based on the report submitted by respondent No.2 to the effect that, officials and other staff of Kitturu Rani Chennamma Residential School, Halebeedu, Hassan District have

misbehaved with the inmates of the said school. During the course of investigation of the said case, the petitioner who was working as cook/watchman in the said school was arrested on 09.03.2023 and ever since he is in custody. The statement of the victim girls are already recorded under Section 164 of Cr.P.C. The allegation against the petitioner and accused No.2 is that they had misbehaved with the victim girls while playing volleyball and had -5-

touched them inappropriately. The maximum punishment for the alleged offence is imprisonment for a period of 7 years. Investigation in the case is completed and charge sheet has been filed. Accused No.2 has been granted regular bail by this Court in Crl.P.No.9311/2023 disposed of on 03.11.2023. The petitioner is in custody since 09.03.2023. Under these circumstances, I am of the view that, prayer made by the petitioner for grant of regular bail is required to be answered in affirmative. Accordingly, the following:

ORDER

The petition is allowed. The petitioner is directed to be enlarged on bail in

Spl.Case No.241/2023 pending before the Additional District and Sessions Judge, FTSC-I, Hassan, arising out of Crime No.36/2023 registered by Halebeedu Police Station, Hassan, for the offences punishable under Section 354(A), 509, 114 and 119 of IPC and Sections 10, 12, 8, 21 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(2)(va), 3(2)(vii), 3(1)(w)(i), 3(1)(w)(ii) of SC

-6- and ST (Prevention of Atrocities) Amendment Act, 2015 subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses and he shall not visit the residential school; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off; e) The petitioner shall not involve in similar offences in future.

Sd/- JUDGE NMS/List No.: 3 Sl No.: 4