IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4235/2019 Between:
Gopi @ Sridhar.R, S/o.Ramachikkaiah, Aged about 28 years, R/at Hallimala Village, Kasaba Hobli, Ramanagara Taluk, Ramanagara District, Pin Code:572 591. ... Petitioner (By Sri.Partha Sarathy.M, Advocate) And:
State of Karnataka, By Ramanagara Woman Police Station, Rep by Special Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed u/s.438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.27/2019 of Ramanagara Women P.S, Ramanagara for the offence p/u/s 376, 506, 114 of IPC and Sections 4 and 6 of POCSO Act.
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 the event of his arrest with respect to the proceedings in Crime No.27/2019 for the offences punishable under Sections 376, 506 and 114 of IPC read with Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012.
2. The case of the prosecution is that the complaint was filed by Aishwarya on 12.03.2019 and it is stated that she was acquainted with the petitioner. It comes out that the petitioner used to come to the house of the complainant in the absence of her family members and expressing that he would marry her, he had forcible sexual intercourse with the complainant about 5-6 times. It is further stated that on 05.03.2019 once again the petitioner is alleged to have had sexual intercourse with the complainant forcibly and subsequently had reneged on his promise to marry. On the basis of the complaint, FIR was registered and investigation is in progress.
3. Learned counsel for the petitioner states that after the victim/complainant had attained majority, she had married the petitioner. It is further stated that the parents of Aishwarya had induced her and had obtained her signature on a blank paper and lodged a false complaint against the petitioner. It is further submitted that police protection has been sought from the Police as per the representation dated 19.06.2019 as there was a threat from the parents of the complainant.
4. The petitioner and the complainant are present in the Court. Learned High Court Government Pleader has spoken to the petitioner and the complainant and it is submitted that they have married out of their own volition.
5. Looking into the peculiar facts of the case and also noticing the submission that the petitioner and the complainant have married, noting that the proof of offence is a matter to be decided at trial, the case is made out for enlarging the petitioner on bail.
6. In the result, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.27/2019 for the offences punishable under Sections 376, 506 and 114 of IPC read with Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.27/2019 within 15 days from today and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iv) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in fortnight between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) 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 KA