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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.2769/2021

BETWEEN:

RAJU

S/O. MOHAN H.R

AGED ABOUT 21 YEARS

COOLIE WORK

R/AT GALIGONDI, ALDUR TALUK

CHIKKAMAGALUR TALUK

AND DISTRICT- 577 101

&PETITIONER

(BY SRI GIRISH B BALADARE, ADVOCATE)

AND

1.

STATE BY MUDIGERE POLICE STATION

CHIKKAMNAGALURU 3 577 101

REPRESENTED BY PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU 3 01

2.

SMT. YASHODHA

W/O. K. RAMACHANDRA

AGED ABOUT 36 YEARS

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RESIDING AT INDIRANAGAR

BILAGULA VILLAGE, MUDIGERE TALUK

CHIKKAMAGALUR DISTRICT 3 577 101

&RESPONDENTS

(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE

PETITIONER ON BAIL IN CRIME NO.108/2020 OF

MUDIGERE P.S. CHIKKAMAGALUR FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 366, 376(3), 342 OF

IPC AND SEC 3(a) 4 OF POSCO ACT.

THIS PETITION COMING ON FOR ORDERS ON

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the accused No.1 under

Section 439 of Cr.P.C., for granting bail in Crime

No.108/2020 registered by

the Mudigere Police

Station for the offences punishable under Sections

366, 376(3), 342 of IPC and Sections 3(a) and 4 of

the Protection of Children from Sexual Offences Act,

2012.

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2.

Heard the learned counsel for petitioner and the

learned

High

Court

Government

Pleader

for

respondent-State and perused the records.

3.

Brief facts of the case of the prosecution is that

on the complaint of one Smt. Yashodha, mother of the

victim girl lodged on 19.10.2020 the police registered

a case against the petitioner. It is alleged in the

complaint that the petitioner kidnapped and raped

daughter of complainant, who is aged about 13 years.

The victim was subjected to medical examination and

after conclusion of investigation charge-sheet came to

be filed against the petitioner. After investigation the

police arrested the petitioner on 20.10.2020 and he

was taken to the custody. The petitioner moved a bail

petition before the Sessions Judge, which came to be

dismissed, hence, he is before this Court.

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4.

Upon considering the arguments addressed by

the learned counsel for the parties and on perusal of

records it reveals that now the case is under trial. As

per the records and the submission of learned counsel

for petitioner the prosecution has already examined

nine witnesses and none of them have supported the

case of the prosecution. The report of prosecution

witnesses is produced, which reveals that PW1-

complainant also turned hostile and not supported the

prosecution case. PW2 3 victim girl, aged about 13

years also turned hostile and not supported the

prosecution case. Even she has denied 164 statement

given by her before the Magistrate. Other witnesses;

i.e. PW5 - sister of victim girl aged about 11 years

also turned hostile and not supported the prosecution

case. PW7, PW8 and PW9, who are - panch witnesses

to the mahazars also turned hostile and not supported

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the prosecution case. On looking to statement of

these witnesses who turned hostile are the material

witnesses to the prosecution case and not supported

the prosecution case. Therefore, I of the opinion that

without expressing any opinion on the merits of the

case, if the petitioner is granted bail by imposing

certain conditions, no prejudice would be caused to

the case of the prosecution. Hence, I pass the

following order:

Order

The petition is allowed.

The jurisdictional Court is directed to release the

petitioner-accused on bail in Crime No.108/2020

registered by the respondent Police Station for the

offence punishable under Sections 366, 376(3), 342 of

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IPC and SEC 3(A) 4 of POSCO ACT, subject to the

following conditions;

(i)

Petitioner shall execute a personal bond

for a sum of Rs.1,00,000/- (Rupees

One Lakh Only) with