IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8970/2017 BETWEEN:
MALATESHA S/O. RANGAPPA, AGED ABOUT 28 YEARS, RESIDING AT THIMMAPURA, ANAVATTI VILLAGE, SORABA TALUK, SHIVAMOGGA DISTRICT.
(BY SRI.RAMESHAPPA N. G., ADV.,) AND STATE OF KARNATAKA BY ANAVATTI POLICE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
(BY SRI. CHETAN DESAI, ADV.,) ... PETITIONER ... RESPONDENT CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.166/2017 (SPL.A.NO.54/2017) OF ANAVATTI P.S., SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S 376(2)(n) OF IPC AND SEC.6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND SEC.3(2)(V) OF SCHEDULED CASTES AND SCHEDULES TRIBES (PREVENTION OF ATROCITIES) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Section 376(2) (n) of IPC and Section 6 of Protection of Children from Sexual Offences Act and Section 3(2)(V) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, registered in respondent – police station Crime No.166/2017 (Spl.A.No.54/2017).
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Victim girl herself in the complaint states that her age is 18 years. She also stated that since one year earlier to filing of the complaint, herself and the petitioner were loving with each other. It is also stated that about 8-9 months back, petitioner took her to his house and making promise to her that he will marry her and committed the forcible sexual intercourse. Like this, he had the sexual intercourse 3 to 4 times on her. It is also mentioned in the complaint that subsequently she was getting the stomach pain and she phoned to her father. He took her to the Government Hospital at Soraba. The doctor informed her that she is pregnant. Within short time, there was abortion to her. Therefore, the petitioner making a promise that he will marry her committed the alleged offence.
4. I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court on the bail application and other materials placed on record.
5. On the basis of which case came to be registered for the said offences. Looking to the complaint averments itself they go to show that both of them were loving each other, moving together, she was gone to the house of the petitioner. It is not only one sexual act, repeated acts said to have been done on her. Looking to the complaint averments and the other materials produced in the case, prima-facie they go to show even the sexual act between them itself show that it is consensual in nature.
6. The petitioner denied the allegations made in the complaint and contended that he is ready to abide by any conditions to be imposed by this Court. Now the investigation is complete and charge sheet is filed. The alleged offences are not exclusively punishable with death or imprisonment for life. By imposing reasonable conditions, petitioner can be admitted to regular bail.
7. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offence punishable under Sections 376(2) (n) of IPC and Section 6 of Protection of Children from Sexual Offences Act and Section 3(2)(V) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, registered in respondent – police station Crime No.166/2017 (Spl.A.No.54/2017) subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/-
JUDGE BS