IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5871 OF 2019 BETWEEN:
ANAND KUMAR S/O LATE SOMANNA AGED ABOUT 44 YEARS R/AT NO.99, 6TH BLOCK, D GROUP LAYOUT, ANDRAHALLI MAIN ROAD, BENGALURU 560 091 (BY SRI M SHARASS CHANDRA, ADVOCATE) AND:
THE STATE OF KARNATAKA BY BYDARAHALLI POLICE STATION REP. BY SPP HIGH COURT OF KARNATAKA PIN 560 001 (BY SRI. ROHIT B.J., HCGP) …PETITIONER …RESPONDENT THIS CRIMINAL PETITION FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITONER ON BAIL IN CR.NO.171/2019 OF BYADRAHALLI POLICE STATION, RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376 AND 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. A case has been registered against the petitioner in Cr.No.171/2019 for the offence punishable under Sections 376 and 506 of IPC. The petitioner was arrested in connection with this case on 26.6.2019 and he has been remanded to judicial custody after interrogation.
3. The brief allegations made by the victim is that she is a married lady, aged about 28 years residing along with her husband having a female child. The accused/petitioner taking the advantage of this situation i.e., the husband of the complainant has not been taking care of her and the child, about six months prior to the incident, when she approached the accused over phone, the accused introduced her as a President of Kannada Siri. Thereafter, one day he telephoned her and also invited her by offering that he would provide education to her child under R.T.E. quota and asked her to bring all the related documents and to send the family photo through ‘Whatsapp’ number. On 11.6.2019, the petitioner again telephoned her and asked her to come to the house of his daughter situated near D group Layout, Herohalli main road, along with the documents pertaining to her daughter. Accordingly, she went there and the petitioner asked her to do the household work. In that night also, he asked her to stay back for the purpose of having physical contact with her. Till 15.6.2019, he made her to stay in the house and continued physical contact with her and thereafter he drove her out of the house by threatening her with dire consequences of killing her. Because of the threat, she did not refute up to 15.6.2019. Thereafter, she lodged a complaint making allegations, on which the police have registered a case and investigated the matter. Charge sheet has already been filed.
4. During the course of investigation, further statement of the victim lady has been recorded. She has stated differently during the course of her further statement that from 11.6.2019, the accused and victim had gone to Shringeri, Kalasa and Horanadu and other places and came back and during that time the accused had forcible sexual intercourse with her.
5. Looking to the initial and subsequent statements made by the victim, at this stage, it cannot be said that only on the basis of the threat given by the petitioner, the complainant has surrendered herself to the lust of the petitioner. The conduct of the petitioner and the complainant, has to be decided during the course of full fledged trial. Therefore, considering the age of the victim; surrounding circumstances and the continued relationship between them, in my opinion, the petitioner has made out a case for grant of bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 171/2019 of Byadarahalli Police Station, Ramanagara, in C.C.No.9808/2019 pending on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, for the offence punishable under Sections 376 and 506 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE Psg*