The High Court of Karnataka rejected a criminal petition filed by three accused persons seeking regular bail in a trafficking case. The court held there were no changed circumstances to reconsider the prior rejection of the appeal. The petition was dismissed.
The petition seeking enlargement on regular bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10th DAY OF SEPTEMBER 2018
BEFORE
THE HON’BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.101321 OF 2018
BETWEEN:
... PETITIONERS
(By Sri. G.M.BHAT ADV.)
AND:
Crl.P. No.101321/2018
... RESPONDENT
: 2 :
STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.
(By Sri.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONERS, ON REGULAR BAIL IN SESSIONS CASE NO.5027/2018 (ARISING OUT OF CRIME NO.145/2017 OF RURAL P.S.HOSAPETE), PENDING ON THE FILE OF THE COURT OF III ADDL. DISTRICT & SESSIONS JUDGE, BALLARI (SITTING AT HOSAPETE) FOR OFFENCES PUNISHABLE U/SECS.363A, 368, 370 R/W SEC.34 OF IPC AND SEC.17 OF KARNATAKA PROHIBITION OF BEGGARY ACT, 1975.
This Petition coming on for Orders , this day the Court made the following:-
O R D E R
The petitioners are accused Nos.1 to 3 in Sessions Case No.5027/2018. They are being tried in the said case for offences punishable under Sections 363A, 368, 370 read with Section 34 of the Indian Penal Code, 1860 and Section 17 of the Karnataka Prohibition of Beggary Act, 1975 on the basis of the charge-sheet filed by Hospet Rural Police in Crime No.145/2017 of their police station.
: 3 : Crl.P. No.101321/2018
victim is referred as ‘x’) is aged 14 years. It is alleged that the accused who are transgenders had kidnapped victim ‘x’ in 2015 and trafficked him for the purpose of begging and he was traced in Gadag Railway Station. Regarding the said incident, once the case was registered in Crime No.194/2015. On tracing CW4 in 2017, the said case was closed.
: 4 : Crl.P. No.101321/2018
stage shows that the accused are shadowing him and indoctrinating him to be a transgender and trafficked him for the purpose of beggary. The petitioner’s bail petition was rejected in Criminal Petition No.100733/2018 and connected matters. There are no changed circumstances to reconsider the matter again. Therefore, the petition is rejected.
Sd/JUDGE
RK/-
3 issues framed by the court
Whether the criminal petition for regular bail can be reconsidered in view of alleged trafficking for beggary.
Whether there are changed circumstances to recall the previous rejection of the bail petition.
Whether the petition for enlargement of bail under Section 439 Cr.P.C. merits allowance.
1 provisions across 1 enactments
Priya Mangalamukhi @ Mehaboob Adoni
Chandini @ Chand
Ganga Mangalamukhi @ Suresh @ Suri
The State of Karnataka
K.S.Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
