1. This petition is filed by the accused Nos.3 and 5 under Section 438 of Cr.P.C., seeking bail in Crime No.117/2022 of Koppal police station for the offences punishable under Sections 376(2)(I), 302, 201, 114 of IPC and under Sections 4, 8, 12 of POCSO Act.

2. The petition filed by the petitioner No.1/accused No.3 came to be dismissed on 03.11.2022 as not pressed on the oral submission made by the learned counsel for the petitioner on the ground that, he has been arrested. Therefore, the present petition is taken into consideration only in respect of petitioner No.2/accused No.5.

3. The case of the prosecution is that, one Ramesh S/o Yamanappa Karadigudda has lodged complaint stating that his daughter-victim girl is studying in 7th standard and she used to go to the house of one Kumari Deepa D/o Krishnappa. At that time, uncle of Deepa i.e., accused No.1-Tirupathi used to talk with victim girl freely and accused No.2 rudely acted with victim girl 2-3 times when she went to sugarcane land and in that regard, they were advised him not to do so. It is further stated that on 17.04.2022 at about 3:00 p.m, the victim girl went to the house of Kumari Deepa and at about 3:30 p.m, the complainant and others went to drink tea and at that time, so many persons gathered in the house of Krishnappa Jinnapur and by hearing hue and cry, all went there and accused Nos.1 and 2 took the body of victim girl and at that time, accused Nos.3, 4 and 5 told that she fell down by pits. The complainant saw the mark of 4.5 inches over the neck of victim girl. Therefore, he filed complaint which came to be registered in Crime No.117/2022 of Koppal Rural Police Station for the offences punishable under Sections 376, 302, 201 of IPC and Sections 8, 4 and 12 of POCSO Act. The Investigating Officer after investigation, filed charge-sheet against accused Nos.1 to 5. The petitioner No.2 is arrayed as accused No.5 and therefore, apprehending his arrest, he filed Criminal Misc. No.694/2022 seeking anticipatory bail and the same came to be rejected by the Additional District and Sessions Judge, FTSC-1, Koppal, by order dated 03.08.2022. Therefore, the petitioner/accused No.5 is before this Court seeking anticipatory bail.

4. Heard the arguments of the learned counsel for the petitioner No.2/accused No.5 and the learned HCGP for the respondent-State.

5. In spite of service of notice, the respondent No.2 has not appeared either in person or through counsel.

6. Learned counsel for the petitioner would contend that, there are no serious allegations against this petitioner No.2/accused No.5, except that on going to know about the death of the deceased Aishwarya, they made hue and cry stating that she died due to fits. It is his further submission that, the accused No.2 has already been granted bail by this Court in Criminal Petition No.102414/2022 and therefore, this petitioner No.2/accused No.5 is entitle for grant of anticipatory bail on the ground of parity. The offence alleged against this petitioner is under Section 201 of IPC. The charge-sheet is filed and therefore, the petitioner is not required for any custodial interrogation. The petitioner is a women and she is entitle for benefit of provision under Section 437 of Cr.P.C. With this, he prayed to allow the petition.

7. Per contra, learned HCGP would contend that, the petitioner has falsely told to others that the victim-girl has fell down due to fits. The charge-sheet material shows prima-facie case against the petitioner for the offences alleged against her. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition.

8. Having heard the learned counsel for the petitioner and the learned HCGP, this Court has gone through the charge-sheet records and the order passed by the Special Court.

9. The case of the prosecution is that, the accused No.2 stood at the back door and have facilitated the accused No.1 to have sexual intercourse with the victimgirl and the accused No.1 strangulated the deceased. When the victim-girl became unconscious the present petitioner No.2 and accused Nos.3 and 4 told to the others that she fell due to fits attack. As per the column No.17 of the charge-sheet, the offence alleged against this petitioner/accused No.5 is that, she committed the offence punishable under Section 201 of IPC. The offence alleged against this petitioner/accused No.5 is not punishable with death or imprisonment for life. As the charge-sheet is filed, the petitioner No.2/accused No.5 is not required for custodial interrogation. The main apprehension of the prosecution is that, if the petitioner is granted anticipatory bail, she will threaten the complainant and other prosecution witnesses and flee from justice. The said objection can be met with by imposing stringent conditions.

10. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:

ORDER

The petition filed by the petitioner No.1/accused No.3 under Section 438 of Cr.P.C. is already dismissed as withdrawn.

The petition filed by the petitioner No.2/accused No.5 under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner No.2/accused No.5 is ordered to be released on bail in the event of his arrest in Crime No.117/2022 of Koppal Police Station, pending in Special (POCSO) Case No.34/2022 on the file of the Additional District and Sessions Judge, FTSC-1, Koppal, subject to the following conditions:

i. The petitioner No.2/accused No.5 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

ii. The petitioner No.2/accused No.5 shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute bail bond and furnish surety.

iii. The petitioner No.2/accused No.5 shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.

iv. The petitioner No.2/accused No.5 shall not tamper the prosecution witnesses.