IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.5654/2017 BETWEEN MAHADEVASWAMY P., S/O. PUTTAMARAIAH M. AGED ABOUT 30 YEARS, R/AT KANENURU VILLAGE, HULLAHALLI HOBLI, NANJANGUD TALUK, MYSURU-571 314 (BY SRI DORERAJ, FOR SRI SHRIDHAR PRABHU, ADVOCATE) AND ...PETITIONER 1. STATE OF KARNATAKA, BY HULLAHALLI POLICE STATION, MYSURU-571 314 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001 2. SMT. PARVATHAMMA WIFE OF MARAIAH, AGED 35 YEARS, RESIDING AT KANENURU VILLAGE, HULLAHALLI HOBLI, NANJANAGUDU TALUK, MYSURU-571 314 (BY SRI CHETAN DESAI, HCGP) ...RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.18/2017 OF HULLAHALLI POLICE STATION, MYSURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 448, 376 AND 506 OF I.P.C.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This is the petition filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail of the alleged offences punishable under Sections 341, 448, 376 and 506 of I.P.C., registered by the respondent-Police in Crime of 18/2017.
2. Brief facts of the prosecution case are that the complainant is the victim in this case, wherein, she has stated that during the fateful night when herself and her son and daughter slept in the house during the night at about 1.00 a.m., the petitioner knocked the door of the complainant’s house; complainant put on the light and opened the door and asked the petitioner why he has come, then he replied that he wanted the complainant, stating so he entered the house made her to lay on the ground and he also slept on the complainant and forcibly committed sexual intercourse on her and while going from there he gave threat to the complainant that in case she disclose the said fact before anybody he will not leave her. In the mean while her son woke up, but the accused person went out of the house. On the basis of the said complainant case came to be registered against the petitioner for the above said offences.
3. I have heard the arguments of the learned counsel appearing for the petitioner/accused, so also the learned HCGP for the respondent-State.
4. I have perused the grounds urged in the bail petition, F.I.R., Complaint and entire charge sheet material, so also the statement of the Victim recorded before the Magistrate Court under Section 164 of I.P.C.
5. Looking to the material placed on record, in complaint it is stated that the petitioner came and knocked the door, then she put on light and opened the door, whereas, in the statement given before the Magistrate Court under Section 164 of Cr.P.C., so also, in the further statement of the complainant it is stated that the petitioner herein pushed the door entered the house of the complainant and came to the complainant where she was sleeping on the cot and then he lifted her and committed the sexual intercourse. The petitioner herein contended in the bail petition that he is innocent, not involved in committing the alleged offence and he was falsely implicated in the case and he is ready to abide by any conditions to be imposed by the Court.
6. I have also perused the Medical Certificate issued by the Doctor, who conducted medical examination of the complainant and as per said Certificate at Column No.29 there is no evidence of recent forceful sexual assault. However, it is mentioned that report from F.S.L. is awaited and even after receiving opinion from the F.S.L., it is mentioned that according to F.S.L. report seminal stains were not detected in article Nos.1, 3, 4, 5, 6, 7, 8, 9, 10 and 11. It is also mentioned that sperms were not detected in article No.2. Hence, she gave opinion that there is no evidence of recent sexual intercourse. Therefore, looking these materials placed on record, I am of the opinion that it is a fit case to exercise discretion in favour of the petitioner. Further, the investigation is completed and charge sheet is also filed. The alleged offence is also not punishable with death or imprisonment for life. Hence, petition is allowed. Petitioner/accused is ordered to be released on bail of the aforesaid offences in Crime No.18/2017 registered by the respondent-police, subject to the following conditions:
i) He shall execute self bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the concerned Court.
ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.
iii) He shall appear before the concerned regularly.
Sd/- JUDGE Sbs*