IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8998/2017 BETWEEN:
BADIBANGA MAGIC TSHIMANGA S/O. TSHIMANGA, AGED 28 YEARS, R/AT NO.20, 1ST CROSS, S.G. PALYA, BANGALORE-560 029 NATIVE ADDRESS: AV. BABORO N2 BIS. Q/YOLO-SUDC/KALAMU KRISHASA, REPUBLIC OF CONGO. ... PETITIONER (BY SRI. GANGADHARAPPA C.C. ADV. A/W SRI. K.S. VISHWANATH ADV.) AND:
STATE OF KARNATAKA BY S.G. PALYA POLICE STATION, BANGALORE-560 029 REPRESENTED BY STATE PROSECUTOR, HIGH COURT, BANGALORE-560 001. ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.135/2017 (CC.C.NO.25526/2017) OF SUDDAGUNTEPALYA P.S. BANGALORE FOR THE OFFENCE P/U/S 4, 5, 9 OF IMMORAL TRAFFIC PREVENTION ACT AND SEC. 354A, 354B, 370-A(2), 354 OF IPC AND SEC.14 OF FOREGINERS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 4, 5, 9 of Immoral Traffic Prevention Act and Section 354A, 354B, 370-A(2) of IPC and Section 14 of Foreigners Act, registered in respondent – police station Crime No.135/2017.
2. Brief facts of the prosecution case is that the complainant is living in relationship with Sri. Badibanga Magic for the past seven years and he has promised to marry her all these seven years and she being constantly sexually, physically, mentally and emotionally abuse every day, he took her to meet men and watches her sleeping with them, so it was hurt her wishes. On 12.07.2017 at about 10.30 to 10.45 p.m., he threatened and tried to choke, pulled the hair and verbally abused by his family members as well, she was too hurt and emotionally drained that to hang herself, he broke down the door and again abused. Therefore, she requested the police to take appropriate action against the petitioner herein. Accordingly, FIR came to be registered against the petitioner.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner during the course of his arguments has submitted that there is no such allegations have been taken up during these long period of seven years and even now also he has not done any such acts which is alleged in the complaint and only because of the reason he would not marry her this false complaint is made against the petitioner. Hence, the counsel submitted by imposing reasonable conditions petitioner may be admitted to bail.
5. Per contra, learned High Court Government Pleader, during the course of his arguments has submitted that, looking to the very complaint averments serious allegations are made against the present petitioner and apart from giving mental and physical harassment to her, he is pressing her to have a sleep with other men and even he is watching whether she slept with other such persons or not. He also made the submission that petitioner is foreign national and even the Visa is also expired. Hence, he made the submission if he released on bail, there is every likelihood that he will remain absent and put hurdle to the prosecution case as well. Hence, submitted that he is not entitled to be granted with bail.
6. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record so also the nature of allegations made against the present petitioner.
7. There is allegation that he was pressing her to have the sexual intercourse with some other persons so also he is observing whether she is sleeping with other men or not. Looking to the nature of allegations in the complaint made by the complainant, I am of the opinion it is not a fit case for grant of bail to the present petitioner who is a foreign national. Accordingly, criminal petition is rejected.
The concerned trial court is directed to take up the case on priority basis and dispose of the main case as early as possible but not later than three months from the date of receipt of a copy of this order. Registry is hereby directed to send the copy of this order to the concerned trial Court immediately.
Sd/- JUDGE BS CT-ADP