IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2830/2019 BETWEEN:
Ashoka S/o. Karibasappa, Aged about 36 years, R/o. Kolkunte Village, Davanagere Taluk & District 577 002.
... Petitioner (By Sri. Vikas M, Advocate) AND:
The State of Karnataka Through Hadadi Police Station, Davanagere Rural Circle, Rep. by its State Public Prosecutor, High Court Building, Bangalore 560 001.
(By Sri. K. P. Yoganna, HCGP) ... Respondent This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.147/2018 on the file of Hadadi Police Station, Davanagere District (learned II Addl. District and Sessions Judge at Davanagere in S.C.No.147/2018 for the alleged offences p/u/s 376, 504, 323, 506, 201 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.147/2018 with respect to offences punishable under Sections 376, 504, 323, 506, 201 r/w 34 of IPC.
2. The case of the prosecution is that victim has filed a complaint stating that accused no.1 had committed the offence on 03.05.2018. It is further stated that the petitioner has threatened the complainant not to disclose the alleged incident and subsequently, under threat committed rape on her after about two days of the earlier incident. On the basis of the alleged incident, it is stated that the wife of accused no.1 had assaulted the complainant on seeing the photograph of the complainant and subsequently, complaint came to be filed, FIR is registered, investigation is complete and charge sheet has been filed. It is further stated that the statement of the victim under Section 164 of Cr.P.C., has been recorded.
3. The learned counsel for petitioner submits that there has been delay in lodging the complaint. Though the incident is alleged to have taken place on 03.05.2018, the complaint has been lodged on 18.05.2018. It is further submitted that the petitioner is in custody since 19.05.2018 and that the medical evidence does not support the case of the prosecution.
4. Taking note of the fact that investigation is complete and charge sheet has been filed, the question as to commission of offence is a matter to be proved in trial. Also taking note of the fact that petitioner is in custody since 19.05.2018 and that the present proceedings cannot be construed to be punitive in nature, the petitioner is entitled to be enlarged on bail subject to conditions.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.147/2018 with respect to offences punishable under Sections 376, 504, 323, 506, 201 r/w 34 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-