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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.5410 OF 2021

BETWEEN :

SHIVAKUMAR,

S/O LATE NARAYANSWAMY,

C/O VINAYKUMAR,

AGED ABOUT 25 YEARS,

BEHIND ANJANEYA TEMPLE,

TOLL GATE, VIJAYAPURA TOWN,

DEVANAHALLI TQ,

BENGALURU RURUAL DISTRICT.

&PETITIONER

(BY SMT.NAGARATHNAMMA K.N., ADVOCATE)

AND :

STATE BY KARNATAKA BY

VIJAYAPURA POLICE STATION,

DEVANAHALLI

BENGALURU RURAL.

& RESPONDENT

(BY SRI.H.R.SHOWRI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN CR.NO.90/2020 (S.C.NO.15010/2021) REGISTERED

BY VIJAYAPURA POLICE STATION, BENGALURU DISTRICT,

FOR THE OFFENCE P/U/S 305 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

The petitioner-accused is before this Court seeking

grant of bail under Section 439 of Cr.P.C. in Crime

No.90/2020 of Vijayapura Police Station, Bengaluru District,

registered for the offence punishable under Section 305 of the

Indian Penal Code (for short 'IPC'), on the basis of the first

information lodged by the informant Sri.Mahesh.

2.

Heard Smt.Nagarathnamma K.N., learned Counsel

for the petitioner and Sri.H.R.Showri, learned HCGP for the

respondent -State. Perused the materials placed on record.

3.

Learned Counsel for the petitioner submitted that

the petitioner is the sole accused. He is innocent and law

abiding citizen. He has not committed any offence as alleged.

He has been falsely implicated in the matter without any basis

and was apprehended on 10.08.2021. Since then, he is in

judicial custody. Initially, F.I.R. was registered for the offence

punishable under Section 306 of IPC. After investigation,

other offences found to have been committed by the present

petitioner. The charge sheet is filed for the offences

punishable under Section 305 of IPC. The deceased was aged

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about 13 years and she has committed suicide by hanging.

Petitioner has no role in causing her death. The petitioner is

the permanent resident of the address mentioned in the cause

title to the petition and is ready and willing to abide by any of

the conditions that would be imposed by this Court. Hence,

he prays to allow the petition.

4.

Per contra, learned High Court Government

Pleader

opposing

the

petition

submitted

that

serious

allegations are made against the petitioner for having

committed the offences. He submits that it is suspected that

petitioner has induced the minor girl and has taken her with

him. The Investigating Officer has suspected that the

petitioner has committed the offence under the provisions of

Prohibition of Child Marriage Act and also under POCSO Act,

however, since no materials are available to substantiate the

same, charge sheet is filed for the offence punishable under

Section 305 of IPC. Looking to the seriousness of the offence,

petitioner is not entitled for grant of bail. Hence, he prays for

dismissal of the petition.

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5.

In view of the rival contentions urged by learned

counsel for both the parties, the point that would arise for my

consideration is:

<Whether the petitioner is entitled for

grant of bail under Section 439 of Cr.P.C.?=

My answer to the above point is in 8Affirmative9 for the

following:

R E A S O N S

6.

The materials on record prima facie discloses that,

serious allegations are made against the present petitioner for

having committed the offence. In view of the materia