IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.2540/2017 BETWEEN:
Ganesh Kulal, S/o Soma Kulal, Aged about 26 years, R/o Soogodi, Hardalli, Mandalli Village, Kundapura Taluk, Udupi District, Pin Code – 576 222.
(By Sri. Sandesh Shetty T., Adv.,) AND:
The State of Karnataka, Rep. by S.P.P.
High Court of Karnataka, Shankaranarayana P.S., Udupi.
(By Sri.B.J. Eswharappa, HCGP ) ...Petitioner ...Respondent This Criminal Petition is filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.24/2017 of Shankaranarayana P.S., Ududpi District for the offence P/U/S 3(2) (V), 3(2) (V-a) of SC/ST (POA) act and Sec.376, 506 of IPC and etc., This petition coming on for orders, this day, the Court made the following:-
ORDER Respondent/Police have registered a F.I.R against the petitioner in respect of the offences under Sections 3(2)(V)3(2)(v-a) of SC/ST (POA) Act and Sections 376, 506 of IPC in the Crime No.24/2017. The allegation is, the victim being a member of scheduled caste, was traveling in the auto-rickshaw of the accused for her skin treatment to Syabarakatte; On 28.08.2016, the petitioner advised her to take better treatment by Doctor at Kokkarne. On the way to Kokkarne, he took her to a room at Hosamakki village, Udupi, and committed rape on her and threatened her of consequence if she discloses the matter. On the subsequent days also, he held her under threat, committed sexual intercourse on her in the same place. As a result, she conceived.
2. Learned counsel for the petitioner submits that there is a delay of four months in lodging the complaint. It is not only on one occasion, on subsequent occasions also, she had intercourse in the same room. She is a major in age and the story of rape is unbelievable and complaint is filed only to harass the petitioner. He is ready to appear before the I.O, subject himself to medical examination and undertakes to abide by any condition that may be imposed of him.
3. After Perusing the 164 Cr.P.C. statement of the victim girl, without expressing any opinion on the complaint allegations, it is felt that there is no impediment to allow the petition.
4. Petition is allowed. Petitioner is granted anticipatory bail in Crime No.24/2017 of Shankaranarayana Police Station, subject to condition that he shall appear before the Investigating Officer forthwith. In that event, the I.O is at liberty to interrogate him and subject him to medication examination. He shall be released on bail on executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with one surety for like sum to the satisfaction of the Investigating Officer.
Sd/- JUDGE bnv*