Karnataka High Court
Yellappa S/O Hanamantraya Jirale vs The State Of Karnataka And Anr on 16 December, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 201396 of 2024
C/W CRL.P No. 201397 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201396 OF 2024
(438(Cr.PC)/482(BNSS))
C/W
CRIMINAL PETITION NO.201397 OF 2024
(439(Cr.PC)/483(BNSS))
IN CRL.P.NO.201396/2024:
BETWEEN:
1. PARASAPPA S/O NIJAPPA DORI,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O KODEKAL, TQ. HUNASIGI,
DIST.YADGIRI-585215.
2. ANNAPPA S/O BHIMANNA GLOBAL,
Digitally signed AGE: 35 YEARS, OCC: AGRICULTURE,
by SWETA
KULKARNI R/O KODEKAL, TQ. HUNASIGI,
Location: High DIST.YADGIRI-585215.
Court Of
Karnataka
...PETITIONERS
(BY SRI. SALOMON ALFRED, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ADDL. S.P.P. OF HIGH COURT OF KARNATAKA
BENCH AT KALABURAGI-585107
(BY KODEKAL POLICE STATION.,
TQ. HUNASAGI DIST. YADGIRI)
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2. NAGAPPA S/O HULVAPPA MAGERI,
R/O KODEKAL, TQ. HUNASIGI,
DIST. YADGIRI-585215
(FATHER OF VICTIM)
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R-1;
NOTICE TO R-2 IS SERVED BUT, UN-REPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C (OLD), UNDER SECTION 482 OF BNSS (NEW),
PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE
ACCUSED/ PETITIONERS IN CRIME NO. 97/2024 OF KODEKAL
P.S. OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 118(1),
74, 75, 329(4), 352, 351(3), 79 READ WITH 3(5) BNS 2023
AND UNDER SECTIONS 8, 12 OF POCSO ACT 2012, PENDING
BEFORE THE HON'BLE DISTRICT AND SESSION JUDGE AT
YADGIRI, IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.P. NO. 201397 OF 2024:
BETWEEN:
YALLAPPA S/O HANAMANTRAYA JIRALE,
AGE: 34 YEARS, R/O KODEKAL,
TQ.HUNASIGI, DIST.YADGIRI-585215.
...PETITIONER
(BY SRI. SALOMON ALFRED, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ADDL. S.P.P. OF HIGH COURT OF KARNATAKA
BENCH AT KALABURAGI-585107.
(BY KODEKAL POLICE STATION,
TQ. HUNASAGI, DIST. YADGIRI)
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2. NAGAPPA S/O HULVAPPA MAGERI
R/O KODEKAL, TQ.HUNASIGI,
DIST.YADGIRI-585215
(FATHER OF VICTIM)
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R-1;
NOTICE TO R-2 IS SERVED BUT, UN-REPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., (OLD), 483 OF BNSS (NEW), PRAYING TO GRANT
THE BAIL TO THE ACCUSED / PETITIONER IN CRIME NO.
97/2024 OF KODEKAL P.S. OFFENCE PUNISHABLE 115(2),
118(1), 74, 75, 329(4), 352, 351(3) 79 READ WITH 3(5) BNSS
2023 AND UNDER SECTION 8 AND 12 OF POCSO ACT, 2012,
PENDING BEFORE THE HON'BLE DISTRICT AND SESSION
JUDGE AT YADGIRI IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners are arraigned as accused Nos.2 and 3 in
Crime No.97/2024 of Kodekal Police Station, Yadgiri,
registered for offences punishable under Section 115(2),
118(1), 74, 75, 329(4), 352, 351(3) and 79 read with 3(5)
of BNS-2023 and Section 8 and 12 of POCSO Act, 2012.
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2. Heard the learned counsel for the petitioners,
learned High Court Government Pleader appearing for
respondent No.1 / State and perused the material on
record.
3. Respondent No.2 / de-facto complainant is
served, but unrepresented.
4. Criminal Petition No.201396/2024 is preferred
by accused Nos.2 and 3 seeking anticipatory bail and
Criminal Petition No.201397/2024 is preferred by accused
No.1 for regular bail.
5. In his typed complaint lodged with the police,
first informant has alleged that, on 04.08.2024, when he
returned to the house at about 12.15 PM., he noticed his
daughter aged about 15 years weeping. On enquiry, she
revealed that at about 11.00 a.m. while she was alone in
the house, accused Nos.1 to 3 trespassed into the house,
abused her and telling her to sleep with them, pulled her
hands and accused Nos.2 and 3 squeezed her breast and
when one Basappa S/o Balappa Gaddy came to the house,
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they fled away. It is further alleged that, at about 5.00
PM., when first informant’s wife questioned the accused
regarding their conduct, they abused her in filthy language
and accused No.3 assaulted her with stone and accused
No.1 assaulted first informant with hands and also kicked
him etc., and they went away threatening them with dire
consequences.
6. Learned counsel for the petitioners contended
that the entire allegations are false and due to previous ill-
will, petitioners are falsely implicated in this case. It is
contended that complaint is lodged belatedly, making
frivolous allegations. Drawing the attention of the Court to
the statement of victim recorded under Section 164 of
Cr.P.C, he contended that there are material
contradictions in the complaint averments and victim’s
statement, which go to the root of the case. It is
submitted that petitioners have no criminal antecedents,
accused No.1 is already arrested and interrogated and
therefore, sought to allow the petitions.
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7. Per contra, learned High Court Government
Pleader vehemently opposed the prayer for bail,
contending that petitioners have committed a heinous
offence against a minor victim aged about 15 years.
There is a prima facie case against the petitioners and
therefore, they are not entitled for the relief sought.
8. Initially, accused Nos.1 to 3 preferred a petition
seeking anticipatory bail before the learned Sessions
Judge. In the meanwhile, accused No.1 was arrested and
therefore, he withdrew his petition. The learned Sessions
Judge has rejected the prayer of accused Nos.2 and 3
seeking anticipatory bail in Crl.Misc.No.535/2024 vide
order dated 04.11.2024, observing that they have
committed offence against a minor girl, aged about 15
years and also handicap, taking advantage of her
situation. Similarly, the bail petition of accused No.1 was
dismissed by learned Sessions Judge in Crime No.97/2024
vide order dated 04.11.2024.
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9. The incident took place on 04.08.2024 at about
11.00 PM. It is the case of prosecution that, the victim is
a minor girl, aged about 15 years and she was alone in the
house when the incident took place. She informed about
the incident to her father, who came to the house at about
12.15 in the noon. It is not stated in the complaint as to
what was the action taken by the complaint after he was
informed about the incident by his daughter. It is alleged
that at about 5.00 PM., when accused Nos.1 to 3 where
proceeding in front of complainant’s house, his wife
questioned them about the incident and at that time they
assaulted and threatened them etc. A written complaint
was lodged on 06.08.2024 at about 11.30 PM. In the
complaint it is stated that, they discussed about the
incident and thereafter, lodged the complaint.
10. I have perused the statement of the victim
recorded under Section 164 of Cr.P.C. She has stated that
one Yallappa, Basappa and Annappa, came to the house
and dragged her and her parents assaulted them and the
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accused pelted stones at their house etc. She has not
alleged that the accused have squeezed her breast as
stated in the complaint. Further, she has not mentioned
the name of accused No.2, on the other hand, she has
mentioned the name of one Basappa, who is not arraigned
as an accused either in the FIR or in the charge sheet.
11. Complainant is alleged to have sustained simple
injury. Investigation is completed and charge sheet is
already filed. The prosecution has to establish its case
against the petitioners in a full fledged trial. Petitioners
have no criminal antecedents.
12. Considering the above facts and circumstances,
relief sought by the petitioners can be granted by
imposing conditions. Accordingly the following:
ORDER
Petitions are allowed.
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Crl.P.No.201396/2024 shall be released in the event of
their arrest in Crime No.97/2024 of Kodekal Police Station,
Yadgiri, subject to following conditions:
I. They shall appear before the jurisdictional Court
within a period of one week from the date of
receipt of a copy of the order and shall execute a
bond in a sum of Rs.1,00,000/- (Rupees One
Lakh Only) each with two sureties for the
likesum.
II. They shall appear before the I.O., within a week
thereafter and shall cooperate with the
investigation of the case, if any.
III. They shall furnish proof of their residential
addresses and shall inform the Investigation
Officer/Court, if there is any change in the
address.
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C/W CRL.P No. 201397 of 2024IV. They shall not leave the jurisdiction of the trial
Court without prior permission of the learned trial
Judge till completion of the trial or until further
orders.
V. They shall not tamper with the prosecution
witnesses either directly or indirectly.
VI. They shall be regular in attending the Court
proceedings.
Petitioner/accused No.1 in Crl.P.No.201397/2024
shall be enlarged on bail in Crime No.97/2024 of Kodekal
Police Station, Yadgiri, pending on the file of the Court of
the learned District and Sessions Judge, Yadgiri, subject to
following conditions:
A. He shall execute a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) with
two sureties for the likesum to the
satisfaction of the Jurisdictional Court.
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C/W CRL.P No. 201397 of 2024B. He shall furnish proof of his residential
address and shall inform the Court if there is
any change in the address.
C. He shall not tamper with the prosecution
witnesses either directly or indirectly.
D. He shall not leave the jurisdiction of the trial
Court without prior permission of the learned
trial Judge or until further orders.
E. He shall be regular in attending the Court
proceedings.
Sd/-
(MOHAMMAD NAWAZ)
JUDGEAMM
List No.: 1 Sl No.: 12
CT:SI