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.4106/2019 BETWEEN:
Dr. Marutiprasanna, S/o Late Ashwatnarayanappa, Aged about 33 years, R/at Shri Ranganilaya, 1st Cross, 1st Main, Chowdeshwari Layout, Chitradurga – 577 501.
Permanent Address:
No.08, 3rd Floor, Panchmukhi residency, Rahuvanhalli, Kanakpur Road, Bengaluru – 560 062. ... Petitioner (By Sri. M. Shashidhara, Advocate) AND:
State of Karnataka, By Basaveshwara P.S., Represented by SPP, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.46/2019 registered by Basaveshwara Nagar Police Station, Mysuru City for the offences p/u/s 376, 420 and 328 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 No46/2019 with respect to offences punishable under Sections 328, 376 and 420 of IPC.
2. The case of the prosecution is that complainant had lodged a complaint on an earlier occasion against the petitioner. It is stated that on 15.02.2017, the complainant’s engagement with the petitioner was performed. It is further stated that the marriage was postponed on some pretext. The complainant and the petitioner are stated to have had physical relationship. A complaint came to be lodged which was registered in Crime No.21/2018 for the offences under Section 376 and 417 of IPC alleging that the petitioner had cheated the complainant by not adhering to promise to marry. Subsequently, it is stated that the petitioner and the complainant started to maintain contact and on 19.11.2018, a room was booked by the complainant and it is stated that the petitioner and the complainant had spent a day in the said Hotel. It is further stated that the complainant had alleged that she had conceived due to the relationship with the petitioner, and a complaint came to be filed.
3. The learned counsel for the petitioner states that investigation is complete and charge sheet has been filed and that the petitioner is in custody since 12.04.2019 and that proof of offence a matter for trial and the conduct of the complainant is also a matter to be taken note of for the present. It is further stated that there was consensual relationship between the petitioner and the victim and hence, taking note of the fact that victim is aged about 27 years, the case is made out for enlarging the petitioner on bail.
4. Taking note of the fact that despite pendency of earlier complaint and Crime No.21/2018 having been registered, the victim has maintained contact with the petitioner and had booked a room in her name where the alleged incident is stated to have taken place. In the light of such circumstances, proof of offence is a matter to be established during trial. It is also to be noticed that petitioner is working as Assistant Engineer in KPTCL. Hence, cooperation during trial could be ensured by imposing necessary conditions. Accordingly, 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 No46/2019 with respect to offences punishable under Sections 328, 376 and 420 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.
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JUDGE