IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.2393/2019 BETWEEN GOWRISH B. SUGUR S/O BASAVARAJU AGED ABOUT 35 YEARS R/O NO.796/A 1ST CROSS, 2ND BLOCK BSK 1ST STAGE HANUMANTHANAGAR BENGALURU-560 019 ... PETITIONER (BY SRI. E. MADHUSUDHAN, ADVOCATE) AND THE STATION HOUSE OFFICER PUTTENAHALLI POLICE STATION BENGALURU, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU ... RESPONDENT (BY SRI. HONNAPPA, HCGP) 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.15/2019 OF PUTTENAHALLI P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376, 420, 506 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. A case has been registered by Puttenahalli Police Station, Subramanyapura Siub-division, Bengaluru, in Crime No.15/2019 against the petitioner based on the complaint lodged by a lady by name Smt. L. Latha, for the offences punishable under Sections 376, 420 and 506 of IPC.
3. It is the case of the prosecution that, the complainant was working as a Tele Caller in Country Club. The complainant called the petitioner to take the Membership of that Club. In that context, it appears they developed relationship with each other and they became friends. Subsequently their relationship has taken a shape of physical contact between themselves. In this context, it is alleged that, the petitioner one day took the complainant to his house and there, they had sexual intercourse. Thereafter nearly for one year their such relationship continued and the petitioner also due to their relationship extracted a sum of Rs.60,000/- from the complainant and thereafter, the petitioner refused to marry her and even he did not return the said money to her. Therefore, the complainant appears to have filed a complaint against the petitioner herein.
4. Learned counsel also brought to the notice of this court that, the petitioner has also filed a complaint against the complainant- Smt. L. Latha making similar allegations, which has been registered in Crime No.4/2018 of Tilaknagar Police Station for the offences punishable under Sections 511, 384 r/w. 34 of IPC. The petitioner in his complaint stated that, actually the said Latha (complainant) has received a sum of Rs.2,50,000/- by him and he paid the same on a request made by her and the same has not been returned to him.
5. From the above circumstances, at this stage it cannot be with all certainty said that, there was a strong prima facie case to attract Section 376 of IPC and that the other offences are not punishable with death or life imprisonment.
6. In the above circumstances, I am of the opinion that, the petitioner is entitled to be enlarged on Anticipatory Bail as prayed for. Accordingly, the following order is passed:-
ORDER The petition is allowed. The petitioner shall be released on bail in the event of his arrest in connection with Crime No.15/2019 of Puttenahalli Police Station, Subramanyapura Sub-division, Bengaluru, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and to execute a personal bone for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not hamper the investigation or tamper the prosecution witnesses.
iii) The petitioner shall appear before the Investigating Officer as and when required for the purpose of investigation, interrogation etc.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Investigating Officer, till the charge sheet is filed or for a period of three months whichever is earlier.
KGR* Sd/-
JUDGE