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.
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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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