IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8328 OF 2019 BETWEEN:
MANJUNATHA K.V.
S/O LATE VENKATAPPA, AGED ABOUT 41 YEARS, R/A GANGADHARPOOJARI HOUSE, MURA MANE, ILANTHILA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DIST, PERMANENT RESIDENT OF LIG-18, H N PURA ROAD, ADAYUR KASABA HOBLI, C R PATANA TALUK, HASSAN DISTRICT, PIN CODE-573116.
(BY SRI SUBRAMANYA H V, ADVOCATE) AND:
STATE OF KARNATAKA BY UPPINANGADI POLICE DAKSHINA KANNADA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, ...PETITIONER BANGALORE-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.154/2019 OF UPPINANGADY P.S., D.K., FOR THE OFFENCE P/U/S 376 AND 506 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.154/2019 of Uppinangady Police Station, Dakshina Kannada, for the offence punishable under Sections 376 and 506 of IPC.
3. Brief facts of the case are that the victim was working in Government Higher Primary School in Padmunja Village as a Guest Teacher on contract basis. In the month of February, 2019, it is alleged that the Head Master of the said School misbehaved with her and on 14.04.2019, which was Dr.Ambedkar’s Jayanthi, they attended the School, at that time, after all the teachers went away , the petitioner-accused has committed rape on her and thereafter also he continued the same and it is also stated that she suspected that he may also continue the said activity with her, therefore, she lodged a complaint against him after seven months i.e., on 10.11.2019.
4. Learned HCGP has produced the case diary.
The above said facts are reiterated during the course of investigation under Section 164(5) of Cr.P.C. by the victim. Petitioner-accused was arrested on 12.11.2019 and since then he has been in judicial custody. Though it is stated that the messages were exchanged between the petitioner and the complainant, but the records do not disclose that the Police have seized any mobile or examined the messages as alleged. There is a delay of more than seven months and the medical examination may not support either of the parties. Therefore, looking to the above facts and circumstances, considering the relationship between the parties that petitioner is Head Master and the victim was working in the said School and it is shown that she left the institution even much prior to the incident that was on 31.03.2019 itself as her term was over. Therefore, the prosecution has to prove the case against the petitioner beyond reasonable doubt that the offence was committed without her consent, even if such offence is committed, as the accused has been in jail, he has been interrogated and sent to judicial custody, in my opinion, petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with Crime No.154/2019 of Uppinangady Police Station, registered for the alleged offences, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
SD/- JUDGE BSR