IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7598/2019 BETWEEN:
H S PUTTASWAMY, S/O LATE SHANKAR, AGED ABOUT 25 YEARS, R/AT NO.134, 1ST CROSS, CHAMUNDESHWARI NAGAR, LAGGERE, PEENYA SMALL INDUSTRIES, BENGALURU-560 058. … PETITIONER (BY SRI CHANDRASHEKARA K.A. ADV.,) AND:
THE STATE OF KARNATAKA, BY THE POLICE OF NANDINI LAYOUT POLICE STATION, BENGALURU CITY – 560 084 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. ... RESPONDENT (BY SRI ROHIT B.J. HCGP. ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.307/19 OF NANDINI LAYOUT P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 420,376,504,506, OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is the sole accused in Crime No.307/2019 on the file of the Nandini Layout Police Station for the offence under Sections 504, 506, 420 and 376 IPC.
2. The FIR reveals that complainant aged about 33 years lodged a complaint stating that there was some financial transaction between herself and the petitioner and she has paid a sum of Rs.1,70,000/- in total to the accused on the assurance given by him that he will get a seat to her daughter in Kendriya Vidyalaya School, but he did not return the same. He also cheated so many persons in the same manner. Thereafter, it is also stated that on 26.07.2019, she lodged a complaint in Nandini Layout Police Station as there was threat to her life given by the petitioner. On the same day, it is alleged that accused went to the house of the complainant on the ground that she lodged a complaint against him and committed rape on her and also threatened with dire consequence of killing her.
3. On the basis of the said allegations, the police have investigated the matter and submitted a charge sheet for the aforesaid offences and also under Section 450 IPC. But during the course of investigation, the police have also got recorded the statement of the victim under Section 164 Cr.P.C., wherein she has categorically stated about the conduct of the petitioner, but she has not made any allegations with regard to rape alleged to have been committed by the petitioner. She in fact diluted the same in her statement and she has only stated that petitioner has threatened her with dire consequences and he dragged her from one place to another. Except that, she never stated that there was any sexual assault on her by the petitioner. Therefore, with the said facts and circumstances of the case, the other offences are not so seriously punishable and none of them are punishable either with death or imprisonment of life.
4. Under the above said facts and circumstances of the case and in view of statement of the complainant recorded under Section 164 Cr.P.C., petitioner is entitled to be enlarged on bail, particularly under Section 439 Cr.P.C. as charge sheet has already been filed and he is no more required for any further investigation. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.307/2019 of Nandini Layout Police Station for the offence punishable under Sections 504, 506, 420 and 376 IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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 PKS