IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8725 OF 2018 BETWEEN MAHMAD MURTUZA S/O ABDUL HAMEED SAB AGED 26 YEARS R/O KOTTA VILLAGE AMATEKOPPA SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427 ... PETITIONER (BY SRI MANJUNATH B.R., ADV.) AND STATE OF KARNATAKA BY SHIKARIPURA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 ... RESPONDENT (BY SRI K.P.YOGANNA, 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.176/2018 OF SHIKARIPURA TOWN POLICE STATION, SHIVAMOGGA FOR THE OFFENCES P/U/S 417, 114, 506, 376 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Shikaripura town Police have registered Crime No.176/2018 against the petitioner and his father for the offences punishable under Sections 506, 34, 417, 114 & 376 of I.P.C. on the basis of the complaint of ‘X’ (for the purpose of confidentiality victim is referred to as ‘X’).
2. It is alleged that the marriage of the petitioner and ‘X’ was fixed with the petitioner and betrothal ceremony was performed on 30.04.2018. It is further alleged that on 06.05.2018 when the complainant was alone at home, the petitioner luring her of love and promising to marry her, committed forcible sexual intercourse. It is alleged thereafter he was making preparation to marry some other girl.
3. Learned counsel for the petitioner submits that there is delay in filing the complaint. He submits complaint indicates alleged act is consensual one, therefore Section 376 I.P.C. does not attract.
4. Learned H.C.G.P. submits that, as per the statement of the ‘X’, the act is by inducement and forcible one and there is no consent and the case is still at investigation stage.
5. As per the victim ‘X’, the alleged sexual act was luring her of love and promising to marry her and therefore was not free consent. Under these circumstances, it is too early to consider the contention that the act is consensual one. Having regard to the fact that the case is still at investigation stage, it is not a fit case to grant anticipatory bail. Therefore, petition is dismissed.
Sd/- JUDGE HR