IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2330/2019 BETWEEN:
Mr. Akhil Nair S/o Mr. C.P.Sivadas, Aged about 28 years, R/at No.412, 3rd Cross, Daddies Roost Garden, Kammasandra, Sarjapura Hobli, Anekal Taluk, Karnataka-560 100.
Permanent R/o Indeevaram House, Tavanur Post, Malappuram District, Kerala-679 573. ...Petitioner (By Sri V. Ranjith Shankar, Advocate) AND:
State by Hebbagodi Police Station, Rept. by SPP, High Court of Karnataka, Principal Bench at Bengaluru-560 001. ...Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.50/2019 of Hebbagodi Police Station, Bengaluru for the offence punishable under Sections 417, 420 and 376 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail in Crime No.50/2019 of Hebbagodi Police Station, Bengaluru District, for the offences punishable under Sections 376, 420 and 417 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the complainant and the petitioner were the employees of the Syngene International Limited, the complainant was working at Biology Department and the petitioner was working in the same company at IT Department as a team leader, they were known to each other and were in love with each other. The petitioner insisted the complainant to marry him and on the basis of the said assurance, he made her to believe that he would drop her to PG, but took her to his father’s house and sexually assaulted the complainant against her will. Later without her knowledge, the accused married another lady. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner that on 03.06.2018, marriage was solemnized between the petitioner-accused and Mrs. Dhrishya and the victim was also aware of the said fact. Various office colleagues including the victim were invited and they all attended the wedding. The photographs of his wedding were also uploaded and posted in the facebook by the petitioner and the same was also viewed by the victim, as she was also his facebook friend. It is further submitted that earlier to the alleged incident, on 11.11.2018, the first complaint was lodged by the victim and the said complaint was closed on an NCR by compromising the matter between the complainant and the petitioner-accused and therein, no such allegations have been made as against the petitioner-accused. He further submitted that the engagement of the petitioner took place in the month of April, 2018 and the complainant was aware of the said marriage and there was no sexual assault committed by the petitioner-accused. He further submitted that the remand application which has been filed, is in kannada and therein also, no such allegations have been made against the petitioner-accused. In the remand application, it has not been stated that the petitioner- accused is not required for the purpose of further investigation or interrogation. The petitioner-accused is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. Even it is submitted by the learned counsel for the petitioner-accused that the exact date of rape which has been committed as per the medical record is January 2019 and no recent sexual assault have been stated in this behalf. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail..
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused being a colleague of the victim made her believe and under the guise of marrying her, sexually assaulted by taking her to his father’s house. He further submitted that the statement of the victim has been recorded under Section 164 of Cr.P.C. In her statement, she has clearly stated that the petitioner- accused has sexually assaulted her. He further submitted that the petitioner-accused has cheated the victim and the said fact has also been notified to the parents of the victim and the friends. There are witnesses for having cheated and had a relation between the petitioner and the victim. He further submitted that the petitioner-accused is involved in a serious offence and he is not entitled to be released on bail. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
7. Though several contentions have been raised during the course of argument by the learned counsel appearing for the parties but it is submitted by the learned counsel for the petitioner that now the charge sheet has been filed and all the materials are available before the court below. Under the said facts and circumstances, without expressing any opinion on merits of the case, the petition is disposed of with liberty to the petitioner to file a fresh petition before the court below as already the charge sheet has been filed and the trial court can reconsider and take a proper decision in this behalf.
Sd/- JUDGE RB