IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION No.3842 OF 2017 BETWEEN:
KOUSHIK GOWDA, S/O MAHESHA, AGED ABOUT 25 YEARS, R/O LAXMIPURA EXTENSION, BELUR TOWN – 573115.
(BY SHRI. H.T. JAGADEESH, ADVOCATE) AND:
... PETITIONER STATE OF KARNATAKA BY AREHALLI POLICE, BELUR TALUK – 573115, HASSAN DISTRICT – 573201 REP. BY S.P.P.
HIGH COURT OF KARNATAKA, AT BANGALORE – 560001.
(BY SHRI CHETAN DESAI, HCGP.) ... RESPONDENT THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C BY THE ADVOCATE FOR THE PETITONER, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO. 154/2016 OF AREHALLI POLICE STATION, HASSAN DISTRICT, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 417, 420, 376, 506, 149 OF IPC AND SEC. 4, 6, 8, 12 OF POCSO ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner - accused No.4 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent – police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 417, 420, 376, 506 read with Section 149 of the IPC registered in respondent Police Station in respect of Crime No.154/2016.
2. Heard the arguments of the learned counsel appearing for petitioner – Accused and also the learned High Court Government Pleader for the respondent – State.
3. Counsel for the petitioner made a submission that so far as the petitioner is concerned, there is no prima facie material placed by the prosecution to show his involvement in committing the alleged offence. Learned counsel, referring to the contents of the complaint, made a submission that there is a delay of 11 months. He also submitted that now the investigation is complete and charge-sheet is also filed. Hence, by imposing reasonable conditions, petitioner may be admitted to anticipatory bail.
4. Per contra, the learned HCGP made a submission that the victim girl is of the age 17 years. The complaint averments clearly go to show that she was taken to a place wherein she was forced to consume alcoholic drink and also juice, though she told the persons that she would have only juice but not alcoholic drink. Thus, she was forcibly made to consume the alcoholic drink. The further averments in the complaint go to show that thereafter she became unconscious and when she regained consciousness, she found herself in a nude position and there were no clothes on her body. Thereafterwards, the accused persons including the present petitioner started having sexual intercourse with her threatening her with her about naked poses which had been captured in the mobile phone that if she did not agree for sexual intercourse, the same will be published in the media. Saying so they continuously used to threaten the victim girl. Hence, she has requested to take appropriate action against the said persons who had forcible sexual intercourse with her and thereby committed the alleged offences.
5. Looking to the very complaint averments, it goes to show that it is like a gang rape which took place continuously and the material also goes to show that the accused including the present petitioner had sexual intercourse with her threatening her that they would publish her nude photographs in the media. Therefore, considering all these aspects of the matter, it is seen that a very serious offence has been committed. The mode and manner in which it is executed is also more serious. Therefore, it is not a case for grant of anticipatory bail in favour of the present petition.
Petition is hereby rejected.
Sd/- JUDGE KS