Allowed

Kavya v. the State by Women Police

Karnataka HC23 Nov 2024CRL.P/10152/2024

Case brief

AI extract

What is this about?

Regular bail petition by accused No.4 in a POCSO and immoral trafficking case involving exploitation of a minor girl for prostitution. Allegations similar to co-accused already granted bail; petitioner is a lady in custody since March 2024. Bail granted subject to conditions.

What did the court decide?

Petitioner enlarged on bail on executing personal bond of Rs.1,00,000 with two sureties, subject to conditions on appearance, non-tampering, and travel restrictions.

Kavya Vs the State by Women Police — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10152 OF 2024

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BETWEEN:

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KAVYA W/O. SURESH AGED ABOUT 24 YEARS COOLIE R/O. NEAR J.K.TYRES, METAGALLI MYSURU-570 016.

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…PETITIONER

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(BY SRI. KESHAV R. AGNIHOTRI, ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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THE STATE BY WOMEN POLICE CHITRADURGA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

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XXXX.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; VIDE COURT ORDER DATED 19.11.2024 R2 SERVICE HELD SUFFICIENT)

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THIS CRL.P IS FILED U/S.439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN SPL.C.NO.71/2024 OF THE RESPONDENT CHITRADURGA WOMEN P.S., FOR THE OFFENCES P/U/S 468, 149, 370(4), 376(2)(n), 370(A), 366(A), 323, 344, 346, 363

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2 - NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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OF IPC AND SEC. 4, 6 AND 17 OF POCSO ACT, 2012 AND SEC. 3, 4, 5 AND 6 OF IMMORAL TRAFFIC PREVENTION ACT ON THE FILE OF SPL. II ADDL. DISTRICT AND SESSIONS JUDGE CHITRADURA.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.4 in Spl.C.No.71/2024 pending before

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the Court of II Additional District and Sessions Judge and Special Judge, Chitradurga, arising out of Crime No.53/2021 registered by Chitradurga Women Police Station, Chitradurga District for the offences punishable under Sections 468, 149, 370(4), 376(2)(n), 370(A), 366(A), 323, 344, 346, 363 of IPC, Sections 4, 6, 17 of POSCO Act, 2012 and Section 3, 4, 5 of Immoral Traffic Prevention Act, 1966, is before this Court under Section 439 of Cr.PC seeking regular bail.

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Heard the learned Counsel for the petitioners and the learned HCGP for respondent No.1. Respondent No.2

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NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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though served in the matter, is unrepresented before this Court.

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FIR in Crime No.53/2021 was registered by Chitradurga Women Police Station, Chitradurga District initially for the offence punishable under Section 363 of

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IPC, against unknown person on the basis of the first information dated 18.08.2021 received from respondent No.2 who is the mother of the victim girl. In the first information dated 18.08.2021, it is stated that daughter of

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the first informant, aged about 15 years was missing from the house from 09.08.2021 onwards, and efforts made to

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trace her had failed. Therefore, first informant had approached the police. The victim girl was traced on 12.03.2024. She had stated that on 09.08.2021, after she left her house, she had gone to Bengaluru and thereafter to Mysuru and accused No.1, who found the victim girl in the KSRTC Bus Stand at Mysuru had taken the victim girl

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along with her on the guise of providing her food and

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4 - NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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shelter, and thereafter, had used her for the business of

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prostitution, forcibly against the wishes of the victim girl.

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During the course of investigation, accused no.4 was arrested on 16.03.2024 and subsequently remanded to the judicial custody. Investigation in the case is completed and charge sheet has been filed against ten persons. Petitioner herein is arrayed as accused No.4 in charge sheet. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.895/2024 was rejected on 06.08.2024. Therefore, she is before this Court.

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Learned Counsel for the petitioner submits that petitioner is a lady, aged about 24 years and she has no criminal antecedents and she is in custody for the last more than 8 months. Accused No.5 as against whom similar allegation are found in the charge sheet has been granted regular bail by this Court in Crl.P.No.9315/2024, and accused Nos.7 and 9 have been granted regular bail by this Court in Crl.P.No.9068/2024 and

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NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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Crl.P.No.10618/2024. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner.

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Perusal of the charge sheet allegations would reveal that the minor girl who was missing from her house was found by accused no.1 in KSRTC Bus Stand in the year 2021, and thereafter, accused No.1 had the custody of the victim girl and she along with the accused no.2 had pushed the victim girl into their illegal business of prostitution. Allegation against the accused Nos.4 and 5 in

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the charge sheet is that they had posed as husband and wife in their locality had helped accused nos.1 & 2 for arranging customers for the purpose of their illegal business of prostitution by using the victim girl (CW-2). It is also alleged that accused nos.4 & 5 were arranging for premises in their locality and the customers were brought

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NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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to the said premises to have sexual intercourse with the victim girl.

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Similar allegation is also found even as against accused No.9. This Court has granted regular bail to accused Nos.5, 7 & 9 in Crl.P.Nos.9315/2024, 9068/2024 and Crl.P.No.10618/2024. Allegation against the petitioner herein and said accused persons are almost similar. Petitioner is a lady, and she is in custody from 16.03.2024. Having regard to the aforesaid aspects of the matter and also taking into consideration the proviso to Section 437 of Cr.P.C, I am of the opinion that the prayer made by the petitioner herein for grant of regular bail needs to be answered affirmatively.

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9. Accordingly, the following

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:ORDER:

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The petition is allowed.

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The petitioner is directed to be enlarged on bail in SC.No.71/2024 pending before the Court of II Additional District and Sessions Judge and Special Judge,

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7 - NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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Chitradurga, arising out of Crime No.53/2021 registered by Chitradurga Women Police Station, Chitradurga District for the offences punishable under Sections 468, 149, 370(4), 376(2)(n), 370(A), 366(A), 323, 344, 346, 363 of IPC, Sections 4, 6, 17 of POSCO Act, 2012 and Section 3, 4, 5 of Immoral Traffic Prevention Act, 1966, subject to the following conditions:

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a) The petitioner shall execute personal bond for 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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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts her 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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NC: 2024:KHC:47787 CRL.P No. 10152 of 2024

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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 her is disposed off.

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SD/(S VISHWAJITH SHETTY) JUDGE

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ASN

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List No.: 1 Sl No.: 18

Kavya v. the State by Women Police

Case brief

What is this about?

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Kavya v. the State by Women Police

Case brief

What is this about?

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