IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.2534/2019 BETWEEN:
MR.BALAJI, S/O LOKESH, AGED ABOUT 36 YEARS, OCC: BUSINESS, R/AT 70/C, 6TH CROSS, JANATHA COLONY, HULIMAVU, B.G.ROAD, BANGALORE – 560 076.
(BY SRI.J.D.KASHINATH, ADV. FOR SRI.S.V.MANJUNATHA, ADV.) AND:
STATE OF KARNATAKA, BY HULIMAVU POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
(BY SRI. HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.31/2019 REGISTERED BY HULIMAVU POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 506, 376, 323 AND 384 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 learned High Court Government Pleader. Perused the records.
2. Petitioner has approached this Court for grant of anticipatory bail in connection with Crime No.31/2019 for the offences punishable under Sections 506, 376, 323 and 384 of IPC. Except S.376 of IPC, other offences are not so serious in nature. Accused No.2, as stated by learned counsel for the petitioner, has already been granted anticipatory bail in Crl. Misc. No.1682/2019 by learned Sessions Judge vide Order dated 21.03.2019.
3. Learned counsel for the petitioner has drawn my attention to the complaint lodged by the complainant Mrs. Nirmala Kumari aged about 29 years, on 07.02.2019 on which basis, police have registered a case in Crime No.31/2019 for the aforesaid offences. On careful perusal of the entire complaint, it discloses that some money transaction between the complainant and the petitioner and as well as petitioner’s wife, and also some quarrel between them and assault by the petitioner on the complainant. But there is absolutely no whisper in the complaint stating that, the petitioner has committed rape on the complainant at any point of time. There is no mention in the complaint with regard to any such incident having happened on 08.04.2018. On the basis of the complaint dated 07.02.2019 only, the police have registered the case. However, in the FIR there is a statement that on 08.04.2018, accused has committed rape on the complainant. But on the basis of such statement no case has been registered. The said allegation was much prior to the lodging of the complaint. Therefore it should have been mentioned in the complaint as to what exactly happened on 08.04.2018. But there is no whisper in the complaint about any incident having happened on 08.04.2018. But at page 5 of the complaint, the complainant has only stated with regard to the incident happened on 14.12.2018 and on that day there is absolutely no allegation with regard to any offence committed under S.376 of IPC as noted in the FIR. The entire complaint only discloses that there was some financial transaction between the petitioner and his wife on one side and complainant on the other side. Except that, there is absolutely no allegation of the offence falling under S.376 of IPC. As to the incident alleged to have taken place on 08.04.2018, no case has been registered. Under the above said circumstances, in my opinion, petitioner is entitled to be enlarged on anticipatory bail by imposing stringent conditions.
Hence, the following:
ORDER The petition is allowed.
Petitioner shall be released on bail in the event of his arrest in connection with Crime No.31/2019 of Hulimavu Police Station, Bengaluru, for the offences under Sections 506, 376, 323 and 384 of IPC, subject to the following conditions:
(i) Petitioner shall surrender himself before the I.O. within ten days from the date of receipt of a copy of this order and execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of I.O.;
(ii) Petitioner shall not indulge in hampering investigation or tampering prosecution witnesses;
(iii) Petitioner shall appear before I.O. as and when required for the purpose of investigation, interrogation etc. and also for the purpose of completing the investigation as expeditiously as possible;
(iv) Petitioner shall mark his attendance once in a week on every Sunday between 10.00 a.m. and 5.00 p.m. before the I.O. till filing of charge-sheet or for the period of two months whichever is earlier.
sac* Sd/-
JUDGE