IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.9178/2018 BETWEEN:
Mr.Eldho, S/o.Poulos, Aged about 45 years, Residing at Susalavani, N.R.Pura Taluk, Chikkamagaluru District-577 134. (By Sri.M.S.Venugopal, Advocate) AND:
State of Karnataka Represented by N.R.Pura Police, N.R.Pura Circle, Chikkamagaluru District-577 134 SPP, High Court Building, Bangalore-560 001.
(By Sri.Honappa, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 438 of Cr.P.C. praying to enlarge the petition on bail in the event of his arrest in Cr.No.119/2018 of N.R.Pura P.S., Chikkamagaluru District for the offence p/u/s 376, 506 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 HCGP for the respondent-State and perused the records.
2. The brief facts of the case are that, the complainant-Smt.Preethi has lodged a complaint alleging that accused-petitioner has ravished her, by taking her to a forest area, without her consent and against her will.
3. On perusal of the records, it reveals that, there are materials to show that, subsequently also they had intercourse with each other. Therefore, at this stage, this is not a fit case where Court can exercise its discretion under Section 438 of Cr.P.C. Hence, in my opinion, the petition deserves to be dismissed.
Accordingly, petition is dismissed.
However, liberty is given to the petitioner to approach the competent Court for grant of regular bail, after surrendering himself before the jurisdictional Police or Court. If such an application is filed by the petitioner, competent Court has to consider the application and expedite the same as early as possible.
Sd/- JUDGE SB