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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION NO.4732 OF 2021

BETWEEN:

JANARDHAN @ JANARTHANAN

S/O DORESWAMY

AGED ABOUT 33 YEARS

R/AT NO.31, KARANGAL PALYAM

KAKKAR NAGAR

ERODE

TAMIL NADU - 638501

& PETITIONER

(BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)

AND:

THE STATE

REPRESENTED BY BASAVANAGUDI

WOMEN9S POLICE STATION

BENGALURU

REPRESENTED BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU 3 560001

& RESPONDENT

(BY SRI K.S.ABHIJITH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING

THAT THIS HON9BLE COURT MAY BE PLEASED TO ENLARGE THE

PETITIONER ON BAIL IN CR.NO.67/2021 (C.C.NO.12145/2021)

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OF BASAVANAGUDI WOMENS POLICE STATION, BENGALURU

FOR THE OFFENCE P/U/S 370 OF IPC AND SEC.81 OF JUVENILE

JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

O R D E R

The petitioner-accused No.4 is before this Court

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

No.67/2021 of Basavanagudi Women9s Police Station

pending

in

C.C.No.12145/2021

on

the

file

of

37^th Additional Chief Metropolitan Magistrate, Bengaluru

City, registered for the offences punishable under Section

370 of the Indian Penal Code (for short 'IPC') and Section

81 of Juvenile Justice (Care and Protection of Children)

Act, 2015.

2. Heard Sri.Dilaraj Judge Rohit Sequeira, learned

counsel for the petitioner and Sri.K.S.Abhijith, learned

High Court Government Pleader for the respondent -State.

Perused the materials placed on record.

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3. Learned Counsel for the petitioner submitted that

the petitioner is arrayed as accused No.4. He has not

committed any offences as alleged. He has been falsely

implicated in the matter without any basis. He was

apprehended on 18.04.2021. Since then, he is in judicial

custody. Investigation is completed and charge sheet is

filed. Serious allegations are made against accused Nos.1

and 2 regarding commission of offences. Even while filing

the charge sheet, no specific overt act is attributed against

the petitioner. The present petitioner stands on par with

accused No.3, who is already enlarged on bail by this Court

in Criminal Petition No.4169/2021 dated 19.07.2021.

Therefore, petitioner is also entitled to be enlarged on bail

on the ground of parity. 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.

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4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against accused Nos.1 to 4 for having

committed the offences. Investigation is completed and a

detailed charge sheet is filed. Accused Nos.1 and 2 are the

main accused against whom serious allegations are made.

Accused Nos.3 and 4 have also joined hands in the

commission of offences. Therefore, the petitioner being

accused No.4 is not entitled for grant of bail. Hence, he

prays for dismissal of the petition.

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:

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R E A S O N S

6.

The materials placed before the Court discloses

that serious allegations are made against accused Nos.1

and 2 for having committed the offences as cited above.

In the charge sheet, there is a reference with regard to

accused Nos.3 and 4 that they assisted accused Nos.1 and

2 in selling the children and in commission of offences.