Bail sought by accused No.12 in a case of illegal medical termination of pregnancies targeting female fetuses. Court found allegations serious and investigation at an initial stage; held that being a lady does not entitle one to bail as a matter of course and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5436 OF 2024
BETWEEN:
SHRUTHI, W/O. JAGADEESHACHAR, AGED ABOUT 33 YEARS, RESIDING AT GANIGARA BEEDI, SHAVANA BELAGOLA ROAD, K.R. PETE TOWN AND TALUK, MANDYA DISTRICT
Digitally signed by BHARATHI S Location: high court of karnataka
…PETITIONER (BY SRI. PAVAN CHANDRA SHETTY .H., ADVOCATE)
AND:
STATE OF KARNATAKA BY BY PANDAVAPURA POLICE STATION, MANDYA DISTRICT, REP: BY HIGH COURT SPP, BENGALURU - 560 001
…RESPONDENT (BY SRI. RAHUL RAI .K., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.102/2024 REGISTERED IN PANDAVAPURA POLICE STATION, MANDYA DISTRICT, FOR THE OFFENCE P/U/S 312, 313, 315, 316 R/W SEC. 34 OF IPC AND SEC. 19 OF THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, 2007 AND SEC. 4 OF THE TERMINATION OF PREGNANCY ACT, 1971, PENDING ON THE FILE OF III ADDL. DIST. AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA).
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.12 is before this Court seeking grant of bail under Section 439 of Cr.PC in Crime No.102/2024 of Pandavapura Police Station, pending on the file of the learned III Additional District and Sessions Judge, Mandya (Sitting at Srirangapatna), registered for the offences punishable under Sections 312, 313, 315, 316 r/w Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant- Dr. Bettaswami.
“Whether the petitioner is entitled
for grant of bail under Section 439 of
Cr.P.C.?”
My answer to the above point is in ‘Negative’ for the following:
R E A S O N S
investigation and the investigation in the present case may also be handed over to COD.
upon receiving the information from others. The very nature of the offence prima-facie involves the active participation of all the accused including the married couple, who go in search of such persons to avoid unwanted female fetus. Unless a detailed investigation is undertaken with all seriousness, the truth cannot be unearthed and in the meantime, if the petitioner is enlarged on bail, that will definitely pose a challenge to the Investigating Officer and it will also send a wrong signal to the society at large. Under such circumstances, the petitioner is not entitled for grant of bail. Accordingly, I answer the above point in the Negative and as a result, the petition stands dismissed.
Sd/JUDGE
PN
List No.: 1 Sl No.: 36
1 issue framed by the court
Whether the petitioner-accused No.12 is entitled to bail under Section 439 Cr.P.C. for offences relating to illegal medical termination of pregnancy.
4 provisions across 4 enactments
Shruthi
State of Karnataka by Pandavapura Police Station, Mandya District
M G Uma
As recorded by the court registry
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