Allowed

Vallarasu @ Velu v. the State of Karnataka

Karnataka HC5 Sept 2023CRL.P/5715/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a bail petition under Section 439 CrPC for an accused erroneously left in custody due to non-appearance despite prior bail, granting enlargement subject to standard conditions.

What did the court decide?

Petitioner enlarged on bail in Special Case No.67 of 2022 subject to conditions including personal bond, regular appearance, non-interference with witnesses, and non-violation of future conduct.

Vallarasu @ Velu Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2023)

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NC: 2023:KHC:31944 CRL.P No. 5715 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5715 OF 2023

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BETWEEN:

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VALLARASU @ VELU S/O MANI AGED ABOUT 26 YEARS R/AT AMBIKAPURA VILLAGE HANUR TALUK CHAMARAJANAGAR – 571 111.

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…PETITIONER

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(BY SRI. VEERABHADRA SWAMY H. P., ADVOCATE)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY RAMAPURA POLICE STATION HANUR TALUK, CHAMARAJANAGAR DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SMT. SHAVITRI S/O RAJU AT RAJAN AGED ABOUT 38 YEARS GOPISHETTYYURU VILLAGE AMBEDKAR NAGARA HANURU TALUK, CHAMARAJANAGAR DISTRICT – 571 111.

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…RESPONDENTS

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(BY SMT. SOWMYA R., HCGP)

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NC: 2023:KHC:31944 CRL.P No. 5715 of 2023

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THIS CRL.P IS FILED U/S.439 CR.P.C., BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.107/2020 REGISTERED BY RAMAPURA POLICE STATION, CHAMARAJANAGARA FOR THE OFFENCE P/U/S 363 AND 376(2)(F)(N),504 OF R/W 34 OF IPC, AND SECTION 3, 4, 11(iv), 12, 16, 17 OF POCSO ACT AND SECTION 9 OF THE PROHIBITION OF CHILD MARRIAGE ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA IN SPL.C.NO.67/2022 (ORIGINAL SPL.C.NO.13/2021).

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused No.5 in Special case No.67 of 2022 pending

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before the Court of Principal District and Sessions Judge, Chamarajanagar for offences punishable under Sections 363, 376(2)(f),(n), 504 r/w 34 of IPC, Sections 3, 4, 11(iv), 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short) and Section 9 of the Prohibition of Child Marriage Act, 2006 is before this Court under Section 439 of the Cr.P.C.

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Heard the learned counsel for the parties.

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3 - NC: 2023:KHC:31944 CRL.P No. 5715 of 2023

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On the complaint of Smt.Savithri, FIR in Crime No.107 of 2020 was registered by Ramapura police station, Chamarajanagar for offences punishable under Section 363 of the IPC and Sections 11(iv) and 12 of the POCSO Act initially against Nandeesha and 2 others. During the course of investigation, the petitioner was arrested in the said case. Subsequently, investigation was completed and charge sheet was filed and petitioner was arrayed as accused No.5 in the charge sheet.

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The petitioner was granted bail before the trial Court

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in Special Case No.13 of 2021 by the District and Sessions Judge, Chamarajanagar Court on 20.04.2021. It appears, thereafter, the petitioner had not appeared before the trial Court on certain dates of hearing. Therefore, NBW was issued against him and his presence was secured on 26.02.2023. On the said date the trial Court had remanded him to judicial custody and bail application filed by him before the trial Court thereafter was dismissed on 10.03.2023. Under the circumstances, the petitioner is before this Court.

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NC: 2023:KHC:31944 CRL.P No. 5715 of 2023

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Learned counsel for petitioner has reiterated the

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grounds urged in the petition and has sought for grant of bail.

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Learned High Court Government Pleader has opposed the bail application.

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The material on record would go to show that petitioner has been arrayed as accused No.5 in the charge sheet filed in Crime No.107 of 2020. The allegation against the petitioner in the charge sheet is that he had supported accused No.1 in the said case. The petitioner was granted bail by the trial Court in Special Case No.13 of 2021 vide order dated 20.04.2021. It appears, thereafter, the petitioner had not appeared before the trial Court on certain dates of hearing.

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Learned counsel for petitioner submits that since the petitioner had gone to Kerala on employment he could not appear before the trial Court on certain dates of hearing and therefore, NBW was issued against him and he was arrested.

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NC: 2023:KHC:31944 CRL.P No. 5715 of 2023

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The fact remains that the petitioner was granted bail by the trial Court in this case earlier and for the reason that he had not appeared before the trial Court on certain dates of

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hearing, NBW has been issued and he is now remanded to judicial custody. For the mistake committed by him in not appearing before the trial Court, he has already undergone punishment, as he is in custody since 26.02.2023. Under the circumstances, I am of the considered view that the petitioner’s prayer for grant of regular bail is required to be answered affirmatively.

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Accordingly, petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.67 of 2022 pending on the file of Principal District and Sessions Judge, Chamarajanagar arising out of Crime No.107 of 2020 registered by the respondent Chamarajanagar police station for the offences punishable under Sections 363, 376(2)(f),(n), 504 r/w 34 of IPC, Sections 3, 4, 11(iv), 12, 16 and 17 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions:

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NC: 2023:KHC:31944 CRL.P No. 5715 of 2023

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the trial Court unless the trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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BKP/List No.: 1 Sl No.: 36

Vallarasu @ Velu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Vallarasu @ Velu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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