IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.3893 OF 2019 Between:
Javeed S/o. Mohammed Yousuf Aged about 31 years R/at Flat No.35 Padmavathi Nagara Site No.3, Bunabanda Hyderabad Telangana State-540 021. … Petitioner (By Sri. K. Ram Singh, Advocate) And:
State of Karnataka by Ashok Nagar Police Station Bengaluru – 560 047.
Rep. by Government Pleader High Court of Karnataka Bengaluru – 560 001. ... Respondent (By Sri. M. Divakar Maddur, HCGP) This Crl. P is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.277/2018 (C.C.No.58908/2018) of Ashoknagar P.S., Bengaluru for the offence p/u/s 448, 342, 376, 377, 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. seeking release him on bail in Crime No.277/2018 of Ashoknagar Police Station for the offences punishable under Sections 448, 342, 376, 377 and 506 of IPC.
2. I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the victim is a daughter of Sri. Rafiz Mohammed Sayyed. She alone went to the flat at about 7.30 a.m., to vacate the same and when she was at home, at that time, the petitioner/accused went inside the said house, locked the door and went near her and caught hold her hands and pulled her forcefully towards him, blocked her mouth, pulled her hair and bent her forcefully. Thereafter, he removed her clothes and forcefully committed a sexual assault on her. It is further stated in the complaint that she was also sexually assaulted in unnatural manner and he repeatedly raped her about two hours, then she found him stressful, planned to escape from his clutches, went to washroom and called her friend and owner. When her friend came, she did not said anything etc., Thereafter, the owner also came and at about 7.45 p.m, she filed a complaint against the petitioner/accused.
4. It is the submission of the learned counsel for the petitioner/accused that the FSL report has not yet been furnished, already the charge sheet has been filed, charge has been framed and the summongs has been issued. The summons has been returned as “Addressees are not found”. He further submits that the father of the accused is suffering with various ailments and he is also suffering with illness and accused is the only son to look after the health of his father. He further submits that the petitioner/accused is languishing in jail for a period of 1½ years. He further submitted that except the injuries found over the body of the victim, no other material is there to show so as to come to the conclusion that the accused has committed the alleged offences. On these grounds, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that already the petitioner/accused has approached this Court in Criminal Petition No.9637/2018 and this Court vide order dated 15.03.2019, dismissed the petition on merits. There are no new grounds made out so as to reconsider the bail application. He further submits that she is suffered with injuries connected with sexual act of the accused. He further submits that there are no good grounds to reconsider the bail application. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties.
7. Though several grounds have been urged by the learned counsel for the petitioner/accused including the medical grounds regarding illness of his father, but no other material has been produced to substantiate his contention. In the light of the submission of the learned High Court Government Pleader that already this Court by considering the merits of the case has dismissed the petition and there are no new ground made by the petitioner to reconsider the bail application, however, if accused wants to produce any medical records for the illness of his father and apply for bail petition, then under such circumstances, a liberty has been given to accused to approach the trial Court with that ground.
With the above observations, the petition is dismissed.
nms Sd/- JUDGE