IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7753/2019 BETWEEN:
GOWTHAM H.K., S/O. LATE KRISHNEGOWDA, AGED ABOUT 35 YEARS, RESIDENT OF HEGGARAVALLY VILLAGE, HURUDI POST, SAKLESHPUR TQ, HASSAN DIST-573165. ... PETITIONER [BY SRI. KESHAV MURTHY K.R., ADVOCATE] AND:
STATE OF KARNATAKA, BY S.H.O., ANNAPOORENSHWARI NAGAR POLICE STATION, BANGALORE, REPRESENTED BY:
STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.214/2019 OF ANNAPOORNESHWARI NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 376, 417, 420, 504 AND 506 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. The petitioner is arraigned as accused No.1 in Crime No.214/2019 of Annapoorneshwari Nagar P.S., Bengaluru, for the offence under Sections 376, 417, 420, 504 and 506 of IPC pending on the file of the V Additional C.M.M. Court, Bengaluru.
3. The brief factual matrix of the case are that;
The complainant has lodged a complaint stating that she was married to one Shreyas and gave birth to a child, who is now 8 years old. It is alleged that the said person has cheated her and left the conjugal company later. It is alleged that in the year 2015, she came in contact with the petitioner and started chatting with him through face book. It is further alleged that the petitioner assured her that he would marry her. In the month of December 2015, particularly on 31.12.2015, he called her to celebrate New Year party and in that regard he booked a room in a hotel. Thereafter, on that particular day, it is alleged that in the drunken state of affairs, he committed rape on her. In fact, he repented for his act. Thereafter, it appears that they continued their relationship. In the year 2017, when the petitioner went for engagement with some other girl, the complainant lodged a complaint before Girinagar Police and they registered a case in NCR. Later, the complainant and the petitioner compromised the matter. Thereafter also, the complainant did not follow up the said complaint lodged by her. Again, in the month of November 2017, they started chatting with each other through face book. He used to come to the house of the complainant and chatting with her in the night hours. In fact, he insisted her on various occasions for the purpose of marriage etc. In this context, he also gave his undertaking before the Cubbonpet Police that he would marry the complainant. Thereafter, they went to the Sub-registrar’s office for the purpose of marriage. But, on that day he escaped from the said place by saying that his father was not well and thereafter, he is not responding to the phone calls of the complainant. Therefore, she lodged the present complaint stating that the petitioner is demanding Rs.50,00,000/- for the purpose of marrying her as per the directions of his sister. On the basis of the aforesaid allegations, the respondent Police registered a case in Crime No.214/2019 against the petitioner.
4. The learned counsel for the petitioner drawn my attention to the similar case which was filed by the present complainant before the Chandra Layout Police Station against the petitioner herein and the same has been registered in Crime No.479/2017 making same allegations. After thorough investigation, the Police have came to the conclusion that it is the case of offence under Sections 417 and 506 IPC. On a careful perusal of the certified copy of the FIR as well as the charge-sheet filed in the said case, as rightly submitted by the learned counsel, similar allegations have been made right from 2015 to 2017 as to what has been happened between the petitioner and the victim/complainant. In the said case, her statement was also recorded under Section 164 of CPC. After considering the said statement and also the statement of other witnesses, the Police have filed the charge-sheet for the offence under Sections 417 and 506 IPC.
5. In this particular case, actually what happened has not been stated and suppressed by the complainant in order to see that if possible, the petitioner should be arrested in connection with the case.
6. Looking to the aforesaid facts and circumstances, it is seen that the other accused have been released on bail and though the complainant is aged more than 28 years and already married, had developed intimacy with this petitioner and had sexual activities. Whether really the petitioner herein had consensual sex or forcible sex with the complainant have to be investigated by the Police during the course of full fledged investigation. As in the earlier charge- sheet Section 376 of IPC has been removed and only filed under Sections 417 and 506 of IPC., a serious doubt arises with regard to the contents of the FIR in this particular case. In the aforesaid facts and circumstances of the case and also considering the nature of the allegations and the conduct of both the parties, in my opinion, the petitioner has made out a ground for grant of anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.214/2019 of Annapoorneshwari Nagar P.S., Bengaluru, for the offence under Sections 376, 417, 420, 504 and 506 of IPC pending on the file of the V Additional C.M.M. Court, Bengaluru, subject to the 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 shall execute a personal bond 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 indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Ksm*