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NC: 2023:KHC:44851

CRL.P No. 11984 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 11984 OF 2023

BETWEEN:

SRI. MUTTANA MADAR,

S/O BEEMAPPA,

AGED ABOUT 27 YEARS,

R/AT HOSA NAGAR, HAVERI DISTRICT,

HAVERI - 581 110.

…PETITIONER

(BY SRI. K PRASANNA SHETTY, ADVOCATE)

AND:

1.

STATE OF KARNATAKA,

ATTIBELE POLICE STATION,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU - 560 001.

2.

SMT. RESHMABANU,

C/O ANVAR SAB,

AGED ABOUT 38 YEARS,

R/AT GIRISH BUILDING, INDULEBELE VILLAGE, ATTIBELE

HOBLI, ANEKAL TALUK,

BENGALURU DISTRICT - 562 106.

…RESPONDENTS

(BY SRI. RAHUL RAI K, HCGP FOR R1;

VIDE ORDER DATED 07.12.2023 NOTICE TO R2 IS HELD

SUFFICIENT)

THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE

THE PETITIONER ON BAIL IN CR.NO.312/2023 OF ATTIBELE P.S.,

BENGALURU CITY FOR THE OFFENCE P/U/S 363, 342, 376 OF IPC

AND SEC.5(L)AND 6 OF POCSO ACT ON THE FILE OF THE

Digitally signed

by B A

KRISHNA

KUMAR

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC:44851

CRL.P No. 11984 of 2023

ADDL.DISTRICT AND SESSIONS JUDGE FTSC-III, BENGALURU

RURAL DISTRICT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Accused in Cr.No.312/2023 registered by Attibele Police

Station, Bengaluru District for the offences punishable under

Sections 363, 342 and 376 of Indian Penal Code (for short

hereinafter referred to as 'IPC'), Sections 5(L) and 6 of

Protection of Children from Sexual Offences Act, 2012 (for short

hereinafter referred to as 'POCSO') is before this Court under

Section 439 of Cr.P.C. seeking regular bail.

2.

Heard the learned Counsel for the petitioner and

learned High Court Government Pleader for respondent-State.

Respondent No.2-defacto complainant who is served in the

matter has remained unrepresented before the Court.

3.

On the basis of the complaint dated 10.08.2023

lodged by the 2^nd respondent who is the mother of the victim

girl, FIR in Cr. No.312/2023 was registered by the Attibele

police station, Bengaluru District, initially for the offence

punishable under Section 363 of IPC against the petitioner

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CRL.P No. 11984 of 2023

herein. In the said complaint, it is averred that the

complainant's minor daughter who was aged 17 years was

found missing from 07.08.2023 onwards. It is further averred

that the victim girl had gone out of the house on 07.08.2023 on

the pretext of work and thereafter, her mobile phone was

switched off. Efforts made by the complainant and her relatives

to trace the victim girl went in vain. During the course of

investigation, the victim girl was traced and the petitioner was

arrested and produced before the jurisdictional Magistrate and

remanded to judicial custody on 25.08.2023. Investigation is

completed and charge sheet has been filed. The petitioner's bail

application filed before the Court of Addl. District and Sessions

Judge, FTSC-III, Bengaluru Rural District, Bengaluru in

Crl.Misc.1854/2023 was rejected on 20.09.2023. It is under

these circumstances, the petitioner is before this Court seeking

regular bail.

4.

Learned counsel for the petitioner having reiterated

the grounds urged in the petition submits that on similar

allegations earlier complaint was filed and the said case is

pending in Spl.SC.No.52/2022 before the Addl. District and

Sessions Judge, FTSC-I, Haveri. In the said case, the petitioner

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CRL.P No. 11984 of 2023

was enlarged on bail by the trial Court on 17.10.2022.

Thereafter, false complaint is now lodged against the petitioner.

Accordingly, prays to allow the petition.

5.

Per contra, learned High Court Governme