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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 08^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.6353/2021

BETWEEN:

SRI.RAVIKUMAR

SON OF LATE DASEGOWDA

AGED ABOUT 51 YEARS

RESIDING AT BYRAPATTANA VILLAGE

MALURU HOBLI

CHANNAPATNA TALUK

RAMANAGARA DISTRICT

PIN NO.571501.

&PETITIONER

(BY SRI:A.V.RAMAKRISHNA, ADVOCATE)

AND:

THE STATE BY CHANNAPATNA

RURAL POLICE STATION

REP BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU 3 560 001.

& RESPONDENT

(BY SRI:VINAYAKA.V.S. HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.95/2021 OF CHANNAPATNA RURAL POLICE STATION,

RAMANAGARA

FOR

THE

OFFENCE

PUNISHABLE

UNDER

SECTIONS 370 OF IPC AND SEC.81 OF JUVENILE JUSTICE

(CARE AND PROTECTION OF CHILDREN) ACT.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT PASSED THE FOLLOWING:

O R D E R

The petitioner-accused No.3 is before this Court seeking

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

No.95/2021

of

Channapatna

Rural

Police

Station,

Ramangara, pending on the file of Principal Civil Judge

(Jr.Dn) and JMFC Court, Channapatna, Ramangara District,

registered for the offences punishable under Section 370 of

the Indian Penal Code (for short 'IPC'), and under section

81 of Juvenile Justice (Care and protection of children) Act

2015, on the basis of first information lodged by the

informant-Siddalingaiah C.D.P.O.

2.

Heard Sri.A.V.Ramakrishna, learned Counsel

for the petitioner and Sri.Vinayaka.V.S., learned High

Court Government Pleader for the respondent-State.

Perused the materials on record.

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3.

Learned Counsel for the petitioner submitted

that the petitioner is arrayed as accused No.3. He is

innocent and has not committed any offences as alleged.

He has been falsely implicated in the matter without any

basis. He was apprehended on 24.07.2021 and since then

he is in judicial custody. It is alleged that accused No.1

was rearing a child which he got from accused No.2, in

that regard accused Nos. 1 and 2 were apprehended. It is

stated that cash of Rs.5,000/- was recovered from accused

No.3. Voluntary statement of accused No.2 was recorded,

wherein the name of the present petitioner was revealed.

Except this, there are no other materials to connect the

petitioner to the said offence. Section 370 is not at all

attracted to the facts of the case. Section 81 of Juvenile

Justice Act could be invoked, which is punishable with

imprisonment for 5 years. Since investigation is already

completed, detention of the petitioner in custody would

amount to pre-trial punishment. 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

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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. The voluntary statements of

accused No.2 was recorded, wherein, he has referred to

the name of the present petitioner and other accused.

Subsequently,

he

was

apprehended.

Since

the

investigation is still in progress, the petitioner is not

entitled for grant of bail. Hence, he prays for dismissal of

the petition.

5.

In view of the rival contentions urged by the

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.?=

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My answer to the above point is in 8Affirmative9 for

the following:

R E A S O N S

6.

The materials on record disclose that serious

allegations are made against the petitioner for having

committed the offences. It is stated that accused No.2 has

referred the name of the p