IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3911 OF 2019 BETWEEN:
GOUTHAM S/O RAJANNA AGED ABOUT 25 YEARS NO.11, KARENHALLY BEHIND KONGADIYAPPA COLLEGE DODDABALAPURA TOWN-561203.
... PETITIONER (BY SRI M. SHASHIDHARA, ADVOCATE) AND:
STATE OF KARNATAKA BY DODDABALLAPURA TOWN P.S. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU, PIN-560001.
... RESPONDENT (BY SRI HONNAPPA – HCGP FOR RESPONDENT) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.57/2019 REGISTERED BY DODDABALLAPURA TOWN POLICE STATION, BENGALURU DISTRICT, FOR THE OFFENCE P/U/S 376, 420, 114, 504 AND 506 R/W 34 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.
Perused the records.
2. The brief case of the prosecution is that a working lady (victim complainant) had joined ‘Bullet Gym’ for maintaining her fitness. There, she came in contact with the accused – petitioner who was the owner of the said gym. Both of them started loving each other and the petitioner is said to have proposed her for marriage. Thereafter, he is said to have had physical contact with her and thereby she became pregnant and got herself aborted. Thereafter, there was some quarrel between the two due to some differences of opinion. In that context, it is said that the petitioner refused to marry her. Therefore, the complainant has filed a case for sexual exploitation on the alleged false promise of marriage, etc.
3. Looking to the above said facts and circumstances, it is doubtful under the circumstances as to whether the complainant was a consenting party or really there was any promise to marry and thereafter there was a breach by the petitioner. The above said factual aspects have to be proved during the course of a full-fledged trial. Further added to that, the offences are not severely punishable with death or imprisonment for life. As the charge-sheet has already been filed and the petitioner is in judicial custody since 7.5.2019, he is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.57/2019 of Doddaballapura Town Police Station, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court, till the case registered against him is disposed of.
Sd/- JUDGE KS