Allowed

Ananda R N v. State of Karnataka

Karnataka HC30 Oct 2024CRL.P/9315/2024

Case brief

AI extract

What is this about?

Two accused in a child prostitution/trafficking case sought regular bail after their trial court applications were rejected. The court noted no material showed they knew the victim was a minor and that only the charge sheet alleged they helped arrange premises and customers. Bail was granted with conditions.

What did the court decide?

Petitioners enlarged on bail in SC.No.71/2024 on Rs.1,00,000 personal bond each with two sureties, subject to conditions on attendance, non-tampering, no similar offences and not leaving jurisdiction.

Ananda R N Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9315 OF 2024

¶6

C/W

¶7

CRIMINAL PETITION NO. 10618 OF 2024

¶8

IN CRL.P No. 9315/2024:

¶9

BETWEEN:

¶10

ANANDA R.N S/O NAGARAJA AGED ABOUT 27 YEARS BUSINESS RESIDENT AT NELLIREGERE DABA CIRCLE BELLURU VILLAGE MANDYA DISTRICT - 571 401.

¶11

…PETITIONER

¶12

(BY SRI KESHAV R AGNIHOTRI, ADV.)

¶13

AND:

¶14

Digitally signed by NANDINI MS Location: High Court of Karnataka

¶15

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

¶16

¶17

…RESPONDENTS

¶18

(BY SRI CHANNAPPA EERAPPA ,HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD: 30.10.2024.)

¶19

THIS CRL.P IS FILED U/S.439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 439 PF THE CODE OF CRIMINAL PROCEDURE IN CR.NO.53/2021 (SPL.CC.NO.71/2024) OF CHITRADURGA WOMEN P.S.,

¶20

¶21

NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶22

CHITRADURGA, FOR THE OFFENCES P/U/S 468, 149, 370(4), 366(A), 323, 344, 346, 363 OF IPC, SEC.4, 6, 17 OF POCSO ACT, SEC.3,4,5,6 OF IMMORAL TRAFFIC PREVENTION ACT, PENDING ON THE FILE OF THE HONBLE COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA.

¶23

IN CRL.P NO. 10618/2024:

¶24

BETWEEN:

¶25

SHWETHA W/O SWAMI GOWDA AGED ABOUT 40 YEARS PRESENT ADDRESS R/O BASAVESHWARA BLOCK, K.R. NAGARA, MYSURU - 577 201 PERMANENT ADDRESS KALLAHALLI VILLAGE HARAVE POST HUNASURU TALUK MYSURU DISTRICT.

¶26

...PETITIONER

¶27

(BY SRI KESHAV R AGNIHOTRI, ADV.)

¶28

AND:

¶29

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

¶30

¶31

...RESPONDENTS

¶32

(BY SRI CHANNAPPA EERAPPA, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:30.10.2024)

¶33

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.9 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 OF IPC, SEC. 4,6,7 OF POCSO ACT, SEC. 3,4,5,6 OF IMMORAL TRAFFIC PREVENTION ACT, ON THE FILE OF SPL. II ADDITIONAL DISTRICT AND SESSIONS JUDGE CHITRADURGA.

¶34

¶35

NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶36

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶37

ORAL ORDER

¶38

Accused nos.5 & 9 in SC.No.71/2024 pending before 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, have filed these two petitions under Section 439 of Cr.PC seeking regular bail.

¶39

Heard the learned Counsel for the petitioners and the learned HCGP for respondent No.1. Respondent No.2 though served, is unrepresented before this Court.

¶40

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

¶41

¶42

NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶43

girl. In the first information dated 18.08.2021, it is stated that daughter of the first informant, aged about 15 years was missing from the house from 09.08.2021 onwards, and efforts made to 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 along with her on the guise of providing her food and shelter, and thereafter, had used her for the business of prostitution, forcibly against the wishes of the victim girl.

¶44

During the course of investigation, accused no.5 was arrested on 21.03.2024 and accused no.9 was arrested on 22.04.2024. Investigation in the case is completed and charge sheet has been filed. Bail application filed by the petitioners before the Trial Court was rejected. Therefore, petitioners are before this Court.

¶45

Learned Counsel for the petitioners submits that petitioners do not have any criminal antecedents. Accused no.7

¶46

¶47

NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶48

has been granted regular bail by this Court in Crl.P.No.9068/2024. The allegation against the petitioners herein is that they had helped the other accused for carrying on the business of prostitution and except that there are no allegations against the petitioner. Accordingly, they pray to allow the petitions.

¶49

Per contra, learned HCGP has opposed the petition.

¶50

Perusal of the charge sheet allegations would reveal that accused no.1 had taken the missing girl who was found in KSRTC Bus Stand, and thereafter, the victim girl was misused by accused nos.1 & 2 for carrying their illegal business of prostitution. In the charge sheet, it is alleged that accused nos.4 & 5 who 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 to the said premises to have sexual intercourse with the victim girl.

¶51

6 - NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶52

Similar allegation is also found against accused no.9 who is said to be the friend of accused no.2. Accused no.9 is also said to have arranged premises and was bringing customers to the said premises for having sexual intercourse with the victim girl.

¶53

This Court has granted regular bail to accused no.7 on the ground that there was nothing on record to show that the said accused knew that the victim girl was a minor. The material on record even do not suggest that the petitioners herein were aware that the victim was a minor. They have allegedly helped accused nos.1 & 2 for doing illegal business of prostitution and except that there is no allegation against the petitioners. Investigation in the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners herein for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:

¶54

The petitions are allowed. The petitioners are 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,

¶55

¶56

NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶57

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:

¶58

a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

¶59

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

¶60

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

¶61

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

¶62

¶63

NC: 2024:KHC:43928 CRL.P No. 9315 of 2024 C/W CRL.P No. 10618 of 2024

¶64

e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

¶65

SD/(S VISHWAJITH SHETTY)

¶66

JUDGE

¶67

Ananda R N v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ananda R N v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Karnataka Vs Sri Arun Kumar C.

Sri Ramesh G K Vs State of Karnataka

Sri. Jeevan Kumar S Vs State by Ramanagara Womens Police Station

Dipti K Simha Vs the State

Rangaswamy Vs State by Kengeri Police

Prashar Vyas @ Parashar Vrujlal Vyas Vs State of Karnataka