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Judgment
Heard the learned counsel for the petitioners/accused Nos.3, 4, 5 and 6 and the learned High Court Government Pleader for respondent-state.
Petitioners apprehends their arrest by the respondent-police in their Crime No.448/2016. Now charge sheet is submitted to the Court for the offences punishable under Sections 363, 366, 376(2)(N) R/w Section 34 of IPC and Section 4 and 6 of POCSO Act and Section 9 of Child Marriage Prohibition Act, 2006.
The allegation is, the 1st accused abducted the victim girl and also by administering some drug on her, he married her in a temple. She was tied a Thaali by the 1st accused. Thereafter, at the residence of CW- 10, she was raped. The petitioners converged with the 1st accused for the said offences.
Sri. R. Shashidhara, learned counsel for the petitioners submits that neither the petitioners name were mentioned in the FIR nor did the Investigating Officer called them for interrogation. Abruptly, charge sheet is submitted against them and the Court has issued non-bailable warrant against them. In fact the 1st accused is enlarged on bail. If anticipatory bail is granted for a limited period they will surrender before the concerned Court and participate in the proceedings.
Learned HCGP opposes the petition and contends that instead of appearing before the Court and moving for re-calling of non-bailable warrant, petitioners have moved the petition for anticipatory bail. The petition filed under Section 438 of Cr.P.C. is not maintainable.
Perused the charge sheet papers. For the first time, the names of these petitioners were brought on book on the third voluntary statement of the victim girl recorded on 28.03.2017. Charge sheet is submitted to the Court on 05.04.2017. No overt act is alleged against these petitioners in the charge sheet. Having regard to the above circumstance, there is no impediment to allow the petition.
Petition is allowed. Petitioners are granted anticipatory bail for a period of three weeks. Within the above period they shall surrender before the Court and move for bail. Till disposal of regular bail application, this order will be in force. In the event of their arrest by the respondent-Investigating Officer within the above period, they shall be released on bail on executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court.