CRLP201460 19 03 01 2020

IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2020
BEFORE
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION No.201460/2019
C/w.
CRIMINAL PETITION No.201461/2019
In Crl.P.No.201460/2019 :
Between :
Veerendra
S/o Earanna,
Age: 18 years,
Occ: Student,
R/o.Karatagi,
Tq: Karatagi/Gangavathi,
Dist: Koppal-583 227. .. Petitioner
( By Sri Mahantesh Patil, Advocate )
And:
The State of Karnataka

R/by Addl.SPP
High Court of Karnataka,
Kalaburagi Bench,
(Through Manvi P.S) – 585107. .. Respondent
(By Sri Mallikarjun Sahukar, HCGP)

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
This Criminal Petition is filed under Section 438 of

Cr.P.C. praying to enlarge the petitioner on bail in the
event of arrest in Crime No.91/2019 (Spl.Case (POCSO)
No.414/2019), of Manvi Police Station, District Raichur, for
the offences punishable under Sections 363, 376, 506, 109
r/w. Section 34 of IPC and under Sections 3, 4, 6 and 17
of POCSO Act, pending before I Addl.District Sessions
Judge Court at Raichur.
In Crl.P.No.201461/2019 :
Between :
Basavaraj
S/o Late Nagappa,
Age : 17 years,
Occ: Student,
Minor through Guardian
i.e., His natural mother
Smt.Umadevi W/o.Late Nagappa,
Age 45 years, Occ: Household,
R/o.Pothnal Village,
Tq: Manvi,
Dist: Raichur-584101. .. Petitioner
( By Sri Mahantesh Patil, Advocate )
And:
The State of Karnataka

R/by Addl.SPP
High Court of Karnataka,
Kalaburagi Bench-585 104.
(Through Manvi P.S). .. Respondent
(By Sri Mallikarjun Sahukar, HCGP)

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
This Criminal Petition is filed under Section 438 of

Cr.P.C. praying to enlarge the petitioner on bail in the
event of arrest in Crime No.91/2019 (Spl.Case (POCSO)
No.414/2019) of Manvi Police Station, District Raichur, for
the offences punishable under Sections 363, 376, 506, 109
r/w. Section 34 of IPC and under Sections 3, 4, 6 and 17
of POCSO Act, pending before I Addl.District Sessions
Judge Court at Raichur.
These Petitions coming on for orders this day, the

court made the following:
COMMON ORDER
Both these petitions have been filed by the
petitioners under Section 438 of Code of Criminal
Procedure, seeking their enlargement on anticipatory
bail in Crime No.91/2019 of Manvi Police Station,
which is pending in Spl.Case (POCSO) No.414/2019, in
Special Court & I Addl.Sessions Judge, Raichur District,
Raichur, for the offences punishable under Sections 363,
376, 506, 109 read with Section 34 of Indian Penal Code
(hereinafter for brevity referred to as `IPC’) and
Sections 3, 4, 6 and 17 of Protection of Children from

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
Sexual Offences Act, 2012 (hereinafter for brevity
referred to as `POCSO Act’).
2. The summary of the case of the prosecution is
that accused No.1 enticed the victim girl who was
studying in the High School and was minor in her age
and taking her to different places on two different
dates, subjected her to sexual assault and also
committed rape upon her. In the said process, he
made use of accused Nos.2 and 3 to pass on a Cell
phone with Sim card in it to the victim. As such, the
charge sheet alleges that both these petitioners as
accused Nos.2 and 3 have abated the commission of
crime by accused No.1 as against the victim girl.
3. Learned counsel for the petitioners while
reiterating the contentions taken up by the petitioners
in their petitions submitted that, as against the

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
present petitioners, neither any overt act has been
alleged nor any material has been collected by the
Investigating Officer to prove the alleged guilt.
However, merely because they are said to have
delivered a Cell phone to the victim girl at the instance
of accused No.1, both the petitioners have been roped
in the crime as though they have abated the
commission of crime.
4. Learned High Court Government Pleader, who
like in few other cases have not filed their objections
to the petitions, submitted that CW-4, 5 and 6, who
are the father, mother and Aunt of the victim girl,
have in their statement stated that these two
petitioners have delivered the Cell phone to the victim
girl at the instance of accused No.1. Thus, the
petitioners have abated the commission of crime.

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
5. A perusal of the charge sheet material prima
facie and at this stage would go to show that, as
submitted by the learned High Court Government
Pleader, it is only CWs.4, 5 and 6 who have stated
about the alleged role of the present petitioners in the
alleged commission of crime. The statement made by
these three charge sheet witnesses would go to show
that they have only stated that accused No.1 passed
on a Cell phone with Sim card in it to the victim girl
through accused Nos.2 and 3 who are said to be the
relatives of the victim girl. Even if the said statement
is taken on its facial value, still a doubt remains as to
how the said act of merely passing of a Cell phone at
the instance of accused No.1 would by itself amounts
to an abatement of commission of crime. The said
doubt can only be answered in a full-fledged trial.
That being the case, when even according to the

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
prosecution, except the above statement, there are no
incriminating allegations against the petitioners, I do
not find any reason to deny the benefit of anticipatory
bail in favour of the petitioners. Admittedly, the
investigation has already been completed and charge
sheet has been filed and as such also, the
apprehending of the accused for any recovery would
not arise. However, the apprehension of the
prosecution about the petitioners absconding from the
trial can be checked by imposing reasonable
conditions.
Accordingly, I proceed to pass the following
order:
ORDER
Both the Petitions are allowed. In case the
complainant-police apprehends the petitioners
namely, Veerendra S/o Earanna (in Criminal Petition

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
No.201460/2019) and Basavaraj S/o Late Nagappa
(in Criminal Petition No.201461/2019) in their station
Crime No.91/2019 (Spl.Case (POCSO) No.414/2019,
pending on the file of Special Court & I Addl.Sessions
Judge, Raichur District, Raichur), for the offences
punishable under Sections 363, 376,506, 109 read
with Section 34 IPC and Sections 3, 4, 6 and 17 of
POCSO Act, they be enlarged on bail, subject to the
conditions :
i) That each of the petitioners shall
execute a personal bond for sum of
`50,000/- (Rupees Fifty thousand) with two
solvent sureties for the likesum to the
satisfaction of the enlarging
authority/Court.
ii) The petitioners shall appear before
the Special Court voluntarily within ten

Crl.P.No.201460/2019
C/w.Crl.P.No.201461/2019
days from today and continue to appear
before the trial Court on all the dates of
hearing.
iii) The petitioners shall not hamper and
tamper the prosecution witnesses in any
manner.
iv) The petitioners shall keep informing
the Investigating Officer, as well the trial
Court in writing about the changes in their
addresses, if any, and obtain an
acknowledgement in that regard.
Sd/-
JUDGE
bk/

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CRLP201460 19 03 01 2020

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IN THE HIGH COURT OF KARNATAKA

DATED THIS THE 3RD DAY OF JANUARY, 2020

THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL PETITION No.201460/2019

CRIMINAL PETITION No.201461/2019

( By Sri Mahantesh Patil, Advocate )

The State of Karnataka

(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 438 of

( By Sri Mahantesh Patil, Advocate )

The State of Karnataka

(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 438 of

These Petitions coming on for orders this day, the

Both these petitions have been filed by the

petitioners under Section 438 of Code of Criminal

Procedure, seeking their enlargement on anticipatory

bail in Crime No.91/2019 of Manvi Police Station,

which is pending in Spl.Case (POCSO) No.414/2019, in

Special Court & I Addl.Sessions Judge, Raichur District,

Raichur, for the offences punishable under Sections 363,

376, 506, 109 read with Section 34 of Indian Penal Code

(hereinafter for brevity referred to as `IPC’) and

Sections 3, 4, 6 and 17 of Protection of Children from

Sexual Offences Act, 2012 (hereinafter for brevity

referred to as `POCSO Act’).

2. The summary of the case of the prosecution is

that accused No.1 enticed the victim girl who was

studying in the High School and was minor in her age

and taking her to different places on two different

dates, subjected her to sexual assault and also

committed rape upon her. In the said process, he

made use of accused Nos.2 and 3 to pass on a Cell

phone with Sim card in it to the victim. As such, the

charge sheet alleges that both these petitioners as

accused Nos.2 and 3 have abated the commission of

crime by accused No.1 as against the victim girl.

3. Learned counsel for the petitioners while

reiterating the contentions taken up by the petitioners

in their petitions submitted that, as against the

present petitioners, neither any overt act has been

alleged nor any material has been collected by the

Investigating Officer to prove the alleged guilt.

However, merely because they are said to have

delivered a Cell phone to the victim girl at the instance

of accused No.1, both the petitioners have been roped

in the crime as though they have abated the

4. Learned High Court Government Pleader, who

like in few other cases have not filed their objections

to the petitions, submitted that CW-4, 5 and 6, who

are the father, mother and Aunt of the victim girl,

have in their statement stated that these two

petitioners have delivered the Cell phone to the victim

girl at the instance of accused No.1. Thus, the

petitioners have abated the commission of crime.

5. A perusal of the charge sheet material prima

facie and at this stage would go to show that, as

submitted by the learned High Court Government

Pleader, it is only CWs.4, 5 and 6 who have stated

about the alleged role of the present petitioners in the

alleged commission of crime. The statement made by

these three charge sheet witnesses would go to show