IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2200/2019 Between:
Channakeshava S/o. Chanappa, Aged about 45 years, R/at Kuntanahalli Village, Doddaballapur Taluk, Bangalore Rural District Pin Code 561 203. … Petitioner (By Sri. Subramanya H. V., Advocate) And:
State by Doddaballapur Rural Police Station Doddaballapura, Rep. by State Public Prosecutor High Court of Karnataka Bangalore 560 001. …Respondent (By Sri. K. P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to release the petitioner on bail in Spl.C.No.424/2018 for the offences punishable under Sections 323 and 376 of IPC and Sections 3(2)(5), 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending on the file of II Additional District and Sessions Judge, Bangalore Rural District, Bangalore.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No. 294/2018 for the offences punishable under Sections 323, 376 of IPC and Sections 3(2)(5), 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The case of the prosecution is that the victim - Venkatalakshmamma had lodged a complaint on 20.07.2018 stating that when she was walking to Kuntanahalli Village on 19.07.2018 at 11.00 a.m., an unknown person offered to drop the complainant to the destination and gave her ride in his TVS Motor cycle. It is stated that when the accused allegedly diverted from the normal route, victim-complainant attempted to escape. It is alleged that the petitioner dragged the complainant to eucalyptus grove and committed sexual assault against her will.
3. The complaint was filed. Investigation is complete and charge sheet has been filed. Petitioner states that he was arrested and has been in custody since 20.07.2018.
4. The Sessions Court has rejected the application filed by the petitioner observing that as FSL Report was not received and hence, question of enlarging the petitioner on bail did not arise.
5. Learned counsel for the petitioner contends that non-receipt of FSL report till date should enure to the benefit of the petitioner and hence the conclusion arrived at by the learned Sessions Judge is contrary to the principle of presumption of innocence of the petitioner.
6. Learned counsel for the petitioner also points out that as investigation is complete and charge sheet has been filed, question of proof of offence is a matter to be left for trial. It is further contended that the case of prosecution cannot be accepted and is a matter that will have to be tested during trial.
7. Learned High Court Government Pleader opposes the grant of bail and contends that the release of the petitioner may result in petitioner tampering the witnesses.
8. The evidence in the present matter rests primarily on the evidence of the victim as well as medical evidence. It is to be noted that the present proceedings cannot be construed to be proceedings for punishment. Proof of offence is a matter to be decided during trial. The records along with charge sheet include the report of the examination of the victim wherein doctor has opined that the conclusion as regards forcible sexual intercourse is a matter that could be opined only after the report from the FSL is received. The FSL report is not yet received.
9. Taking note of the above, without expressing any opinion as regards the weight of evidence available, noting that investigation is complete, charge sheet has been filed and also observing that proof of offence is a matter for trial, petitioner is entitled to be enlarged on bail.
10. Accordingly, 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. 294/2018 for the offences punishable under Sections 323, 376 of IPC and Sections 3(2)(5), 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions:
(i) The petitioner shall execute a personal bond of Rs.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 VP