Ranga @ Ranganatha vs State Of Karnataka & Ors.

Suraj Govindaraj, J

The petitioner is before this Court seeking for the following relief:

" WHEREFORE, the above named petitioner most respectfully prays that this Hon’ble Court be pleased to enlarge the petitioner on bail in Spl.C.No.125/2022 (Cr.No.10/2022) of Respondent-Gubbi police for the offences punishable u/s.376 of IPC and sec.6 of POCSO Act, pending on the file of Addl. District and Sessions Judge (FTSC-1), Tumkuru, in the interest of justice."

Since the offences alleged against the petitioner are punishable under Section 376 of IPC and Section 6 of POCSO Act, notice has been issued to the complainant who has been arrayed as respondent No.2. The said notice could not be served on respondent No.2. Since respondent No.2 was not available in the said address, as such the matter is taken up for hearing.

The submission of the learned counsel for the petitioner is that the petitioner was on bail in the proceedings in Crl.Pet.No.4559/2023 dated 21.08.2023 passed by this Court. Thereafter, the petitioner was not present on two occasions in Spl.C.No.125/2022 resulting in the Special Court issuing a non-bailable warrant on which the petitioner was arrested.

An application has been filed in Crl.Misc.No.367/2025, the said application came to be rejected on the ground that the petitioner had not appeared on two occasions. It is in that background, the petitioner is before this Court.

Learned counsel for the petitioner submits that it is only on two occasions, the petitioner would not be present, since the petitioner was unwell, the petitioner was not aware of the dates on which the matter was listed and he had not informed his counsel about being unwell and it is in that background that he could not be present.

The tenor of the arguments of the learned counsel for the petitioner is that the counsel had not informed the petitioner about the dates of the matter. This is not a stay case. In many cases coming before this Court the reasons which has been given is that the counsel had not informed the accused about the date of appearance. In that view of the matter, it would be required to be directed for the Courts granting bails to take on record the mobile number, WhatsApp number and E-mail ID (if available) of the concerned accused, so that the Court itself could inform the accused of the dates of the matter without there being a requirement to ascertain the veracity of the allegations made by the accused against the counsel.

The Registrar General is directed to issue necessary instructions to the concerned Courts to collect the mobile number, WhatsApp number, email-ID (if available) of the concerned accused so that they are informed of the day-to-day proceedings in their matters. Hence, the Registrar (Computers) and Central Processing Coordinator are directed to implement the suitable system to inform all the accused by way of SMS, WhatsApp and/or email of the daily proceedings in their respective matters.

Considering that the petitioner had not appeared only on two dates of hearing, the petitioner may be enlarged on regular bail.

Accordingly, I pass the following:

ORDER

i) The petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita is allowed. The petitioner shall be released on bail in connection with Crime No.10/2022 of Gubbi Police Station, Gubbi Circle Sub-Division for the offence punishable under Section 376 of IPC and Section 6 of POCSO Act pending on the file of the Addl. District and Sessions Judge(FTSC-1), Tumkuru, subject to the following conditions:

i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with surety for the likesum to the satisfaction of the jurisdictional Court.

ii. The petitioner shall appear before the Committal Court on every date of hearing.

iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings.

iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner.

v. The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered is disposed of.

vi. The petitioner shall furnish list of movable and immovable property held by him to the said Court.

vii. The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID(if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial.

viii. Though the above matter is disposed, relist on 3.7.2025 to enable the Registrar General and the Registrar (Computers) to file a compliance report.