Dismissed

Ummarkunhi @ Mohammedkunhi @ Kunhi v. State of Karnataka

Karnataka HC10 Mar 2023CRL.P/628/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka refused anticipatory bail to a petitioner accused of introducing a minor into prostitution. The Court held that jumping bail in a related case demonstrated the petitioner was not a law-abiding citizen, making anticipatory bail inappropriate. Surrender is permitted for regular bail.

What did the court decide?

Petition rejected; petitioner allowed to surrender for regular bail.

Ummarkunhi @ Mohammedkunhi @ Kunhi Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2023)

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CRL.P No. 628 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 628 OF 2023

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BETWEEN:

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SRI. UMMARKUNHI @, MOHAMMEDKUNHI @ KUNHI, S/O. MOIDDINKUNHI, AGED ABOUT 43 YEARS, R/AT. MARIKKAL HOUSE, MONTEPADAVU OF NARINGANA VILLAGE, BANTWAL TALUK - 574 235.

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…PETITIONER

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(BY SRI. NAGARAJA N.,ADVOCATE)

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AND:

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STATE OF KARNATAKA,

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BY MANGALURU WOMEN POLICE STATION,

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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D.K DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

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XXX D/O. ABDUL BASHEER, AGED ABOUT 16 YEARS,

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SRI. ABDUL BASHEER, R/AT. MADANI NAGAR, KUTTARU, MANGALUR - 577 132.

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CRL.P No. 628 of 2023

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PRESENT AT NO.1-111(3A), URUMANE, MANJANAADI, MANGALORE - 574 237.

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…RESPONDENTS

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(BY SRI. V S VINAYAKA.,HCGP

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THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.33/2022 OF MANGALURU WOMEN P.S., MANGALURU CITY FOR THE OFFENCE P/U/S.120-B, 354-A, 354-C, 363, 366-A, 370-A, 370-4, 376, 109, 506 R/W SEC.34 OF IPC 1860 AND SEC,.4, 12, 14, 17, 18 OF PCOSO ACT AND SEC.3, 4, 5, 6 AND 8 OF IMMORAL TRAFFIC PREVENTION ACT 1956 AND SEC.67-B INFORMATION TECHNOLOGY ACT PENDING ON THE LIEF OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II (POCSO) D.K., MANGALURU IN SPL.C.NO.104/2022.

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

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O R D E R

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondentState. Perused the records.

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Present petition is filed under Section 438 of Cr.P.C.

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The brief facts of the case are as under:

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An FIR came to be filed against the accused/petitioner in Crime No.33/2022 on 07.03.2022 by the Mangalore Women

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CRL.P No. 628 of 2023

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Police Station for the offences punishable under Sections 363, 370, 376, 506, 109 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short), under Sections 3, 4, 5, 6 and 8 of The Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as 'ITP Act' for short) and under Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short).

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Gist of the complaint averments reveals that victim girl was introduced by the petitioner to other accused persons wherein the victim girl was forced to indulge in prostitution. Victim girl is a minor. On different dates, she has been subjected to forcible sexual intercourse and different cases have been filed. In all the cases, the role assigned to the present petitioner is that he introduced the victim girl to other accused persons.

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In fact, accused was granted bail in respect of Crime No.8/2022, which is now pending in Special Case No.103/2022 before the Additional District & Sessions Judge/FTSC-II (POCSO), Dakshina Kannada, Mangaluru.

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CRL.P No. 628 of 2023

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Admittedly, the petitioner has jumped the bail in respect of Crime No.8/2022 which is now pending in Special Case No.103/2022. Thereafter, he has approached for grant of anticipatory bail before the very same Court in Special Case No.939/2022, which was turned down by the learned Special Judge. Subsequently, the petitioner is before this Court.

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Reiterating the grounds urged in the petition, Ms. Navya, learned counsel for the petitioner vehemently contended that the petitioner is a law abiding citizen and he could not appear before the trial Court in Special Case No. 939/2022 and therefore, non-bailable warrant is issued and that would not prevent the petitioner from obtaining an order of grant of anticipatory bail at the hands of this Court. Hence, sought for allowing the petition.

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Per contra, learned High Court Government Pleader opposes for grant of anticipatory bail contending that the petitioner is not a law abiding citizen. In fact, he had the benefit of grant of bail, which he has jumped and therefore, the petition is not maintainable.

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CRL.P No. 628 of 2023

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9 . Though respondent No.2 is served, remained

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absent.

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In the light of the rival contentions, this Court perused the materials on record meticulously.

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Role assigned to the petitioner in Crime No.8/2022 and other cases is that he has introduced the victim girl to the other accused persons whereby the victim girl was made to indulge in prostitution. Admittedly, the victim girl is a minor.

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Taking note of the fact that the petitioner had already been bail, which he had jumped and is not available to the trial, this Court is of the considered opinion that there is sufficient force in the argument putforth on behalf of the learned High Court Government Pleader that petitioner is not a law abiding citizen and therefore, he would not be entitled for grant of anticipatory bail. In fact, the conduct of the petitioner proves the apprehension of prosecution.

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The apprehension of the prosecution is well founded and does not make out a case for entertaining the petition under Section 438 of Cr.P.C. Accordingly, this Court passes the following:

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CRL.P No. 628 of 2023

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O R D E R

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The Criminal Petition is rejected .

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However, if the petitioner surrenders before the trial Court and applies for grant of regular bail, this order shall not come in the way.

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Sd/JUDGE

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VBS List No.: 1 Sl No.: 47

Ummarkunhi @ Mohammedkunhi @ Kunhi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ummarkunhi @ Mohammedkunhi @ Kunhi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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