IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6587/2017 BETWEEN:
CHANDRASHEKARA D. R. S/O RAMALINGEGOWDA, AGED ABOUT 23 YEARS, R/AT DODDAGARUDANAHALLI VILLAGE, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 408.
... PETITIONER (BY SRI PRAMOD R, ADVOCATE) AND:
THE STATE THROUGH NANDINI LAYOUT POLICE STATION, BANGALORE-560 096. ... RESPONDENT (BY SRI S. VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.275/2017 OF NANDINI LAYOUT P.S., BANGALORE FOR THE OFFENCE P/U/S 376, 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner apprehends arrest by the respondent – police in Crime No.275/2017 registered in respect of the offences punishable under Sections 376 and 420 of IPC.
2. The allegation is, the victim had an affair with the petitioner. One day he committed rape on her in his sister’s house while only both to them were in the house and assured to marry her. Twice or thrice they had sexual intercourse and she conceived. When she informed the matter to the petitioner, he undertook to marry her after some time. In the mean time, her parents performed her marriage with one Venkatesh on 8.6.2017. After the marriage she was taken to the matrimonial home and she was subjected to scanning and she was found pregnant. At the insistence of her husband’s family, she agreed to give consent divorce. Now her family decided to lodge complaint against the petitioner. Hence, she has lodged complaint.
3. Learned counsel for the petitioner submits that the petitioner is ready and willing to abide by the terms that may be put by this Court and participate in the investigation.
4. In the light of the above, petition is allowed. The petitioner is granted anticipatory bail in Crime No.275/2017 registered by the respondent – police, subject to the following conditions:
(i) He shall appear before the Investigating Officer. In that event, Investigating Officer is at liberty to interrogate him and subject him for medical examination.
(ii) In the event of his arrest, he shall be released on bail on executing a self bond for a sum of `1,00,000/- with one surety for the likesum.
(iii) He shall co-operate with the Investigating Officer during the further course of investigation.
(iv) He shall not threaten the complainant and her family members.
Sd/- JUDGE MD