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2022 Supreme(Online)(Kar) 39413

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF OCTOBER, 2022

BEFORE

THE HON9BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.9975/2022

BETWEEN:

MR. BRAMENDRA

AGED ABOUT 26 YEARS

S/O LAKSHMAIAH

R/AT: NAGONDANAHALLI VILLAGE

KUDIYANUR POST

LAKKUR HOBLI

MALUR TALUK-563 130

KOLAR DISTRICT

&.PETITIONER

(BY SRI. HARINATH .M.S, ADVOCATE)

AND:

STATE OF KARNATAKA BY

HIGH GROUNDS POLICE STATION

REP. BY ITS SPP

HIGH COURT OF KARNATAKA

BENGALURU CITY-560 001

...RESPONDENT

(BY SRI. K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN CR.NO.123/2022 OF

HIGH GROUNDS P.S., BANGALORE FOR THE OFFENCE P/U/S

323, 326, 341, 370, 384, 506 OF IPC AND SEC.4, 5 OF I.T.P

ACT ON THE FILE OF THE VIII ACMM, BANGALORE.

2

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

This petition is filed by the petitioner/Accused No.2

under Section 439 of Cr.P.C. seeking regular bail in

Crime No.123/2022 of High Grounds Police Station,

registered for the offences punishable under Sections

323, 326, 341, 370, 384 and 506 of IPC and Sections 4

and 5 of the Immoral Traffic Prevention Act, 1956,

pending on the file of VIII Addl. CMM Court, Nrupatunga

Road, Bangalore City.

2.

Heard the arguments advanced by the

learned counsel for the petitioner and learned High

Court

Government

Pleader

for

respondent-State.

Perused the records.

3.

The brief allegations made in the complaint

are that the complainant has came in contact with

accused No.1 on 10.08.2022 who got herself introduced

3

as a press reporter and working in Human Rights office.

Thereafter the victim/complainant shared her family

problems with her and thereafter the accused No.1

assured the complainant that she is going to resolve the

family problems and as such she was taken to her office

and from 14.08.2022 onwards the complainant was

compelled to indulge in prostitution activities and the

complainant was not given any amount in this regard.

Whenever she used to raise her objections, she was also

threatened and she was alleged that present petitioner

used to supply customers. It is further alleged that the

present petitioner-accused No.2 has also abused and

assaulted the lover of the complainant by name Sridhar

by causing grievous injuries to him. Hence, on

17.08.2022 a complaint came to be lodged and on the

basis of the complaint this crime came to be registered.

Thereafter the petitioner was arrested along with

accused No.1 and were remanded to judicial custody.

4

4.

The petitioner has moved the regular bail

petition and same was rejected by the learned sessions

judge and as such the petitioner is before this Court.

5.

Having heard the arguments and perusing

the records, it is evident that the entire allegations

regarding prostitution are directed as against accused

No.1. The allegations against the present petitioner-

accused No.2 are that he used to supply customers to

accused No.1 and further he has assaulted the lover of

the complainant by name Sridhar. But interestingly, the

lover of the complainant by name Sridhar has not lodged

any complaint in this regard. On the contrary, the

complaint was lodged by the complainant making a

counter allegations. During the course of the arguments,

the learned HCGP would bring to the notice of the Court

that the victim Sridhar was admitted in the hospital on

20.08.2022 with a history of assault 10 days earlier. If

this version is accepted, then the assault on the victim

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Sridhar ought to have taken place on 10th or 11th of

August 2022, but he did not lodge any complaint in this

regard.

6.

Further the learned counsel for the petitioner

has brought to the notice of the Court by producing the

records of the trial Court that the present petitioner has

made serious allegations regarding false implications

against the earlier investigating officer and the learned

magistrate has directed for investigation in this regard.

The records also disclose that the DCP has investigated

this aspect and submitted a report in this regard. It is

further submitted that on the basis of the report, the

earlier investigating officer was also suspended. All

these facts and circumstances, clearly establish that all

is not well and something fishy is involved as against

present petitioner in implicating him. Looking to the

allegations made against the present petitioner and

considering the non-lodging of the complaint by victim

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Sridhar and delay in getting treatment, in my considered

opinion there is no impediment for admitting the

petitioner on bail. Under such circumstances, without

expressing any opinion regarding the merits of the case,

the petition needs to be allowed and accordingly, I

proceed to pass the following:

ORDER

The

petition

is

allowed.

The

petitioner/Accused

No.2

is

directed

to

be

enlarged on bail in Crime No.123/202

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