IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.897/2019 BETWEEN:
Manjunatha @ Karan Mahadeva, S/o. Mahadevaswamy, Aged about 24 years, R/at No.93, 11th Cross, Jnanaganga Nagar, Ullala Main Road, Bengaluru – 560 056.
(By Sri. K. Abhinav Anand, Adv.,) AND:
State of Karnataka, By S.H.O. of Jnanabharathi Police Station, Bengaluru City.
Represented by The Learned State Public Prosecutor, High Court Buildings, Bengaluru – 560 001.
... Petitioner ... Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.344/2018(C.C.No.1817/2019)of Jnanabharathi P.S., Bengaluru for the offence p/u/s 376, 315, 506 of IPC and Section 67(A) of I.T. Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail in Crime No.344/2018 of Jnanabharathi Police Station for the offences punishable under Sections 376, 315, 292, 506 of IPC and Section 67(A) of the Information Technology Act, 2008.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The genesis of the complaint is that accused and the complainant were friends and classmates. After sometime, through facebook, they have acquainted with each other about 7 to 8 months back. After completion of her MBA degree, the accused called the complainant to his house stating that he wants to talk with her and there, she expressed that she is interested to learn the music. The accused petitioner told the complainant that in the first floor of his house, he is having the music arrangements and he will teach the music. Accordingly, she used to visit the house of the accused to learn the music everyday from 11.30 a.m., to 3.00 p.m. when she was so attending, accused came in close intimacy with her. Though complainant refused, he tried to have a physical contact and stated that they are friends and it is common and accused had a sexual intercourse with the complainant by threatening her. If she will not co-operate with him, he will publish bad rumors against her. Subsequently, complainant stopped learning music and thereafter, he threatened that he will inform the same to her parents and called her to his house and again had sexual intercourse with her. In the meanwhile, she got engaged with one N.
Prasad in the month of September 2015. When accused came to know about the same, he told her that she may marry anyone, but whenever he call her, she should co- operate with him to have sexual relationship or otherwise he will inform the same to the said N. Prasad. Accordingly, he had continued sexual relationship with the complainant. Due to this relationship, she became pregnant and accused took her to Abhaya Hospital and got aborted the child. Subsequently, complainant stopped to go to his house and thereafter, accused sent audio, video and fact of abortion to the said N.Prasad and when the said facts came to the knowledge of parents of said N. Prasad, they cancelled the proposed marriage with complainant. As such, the complaint has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused and the complainant were close friends and since 7 to 8 month, they had a physical contact and nowhere she has complained about the said act. It is further submitted that though there was no force, the said act of the accused was a consensual sexual act. It is further submitted that the complainant has consulted to the accused all the time and they had sexual act knowingly and also she is a major. Further it is submitted that the petitioner/accused is languishing in jail since more than six months. It is further submitted that no cogent and clinching evidence has been produced to show that the petitioner/accused forcefully had a sexual act with the complainant. He further submitted that he is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused by threatening the complainant that he will publish the audio and videograph he used to have a sexual act with the complainant. That itself clearly go to show that it is not a consensual sexual act. Further it is submitted that there is ample material to connect the accused to the alleged heinous crime of a sexual assault committed on the complainant. Further it is submitted that the accused earlier intended to marry and had a sexual act. Thereafter, the accused refused to marry her and when she has been engaged to one P. Prasad then also, he informed and got the engagement cancelled. All the act of the accused clearly go to show that the accused was having lust as such, he had a sex with the complainant. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint, it goes to show that the complainant was the classmate of the petitioner/accused and he came in contact with the complainant through facebook thereafter, they meet each other. At that time, she was studying in MBA at DON BOSCO College, near Kumbalagudu, Mysore Road and thereafter, they became very close and they used to talk with each other. Subsequently, after completion of the said studies, she was in the house and accused told the complainant that he has started a music composing studio and he invited the complainant stating that he is going to teach the music as the complainant was interested to learn the music. When she had been to the first floor of the house of accused for learning the music there, the accused came in close contact and when the complainant refused, accused by stating that they were friends and it is common and he is going to marry her and had a sex. Thereafter also, he used to have a sex with the complainant. It is the submission of the learned counsel for the petitioner that the said musical class was in the first floor. The house of the accused is in the ground floor and even she has not made any hue and cry and has not informed the said act immediately either to the parents of the accused or her parents. That itself clearly go to show that it is a consensual sexual act but as could be seen from the contents of the complaint and other materials, it indicates that the petitioner/accused has threatened that he will inform the said act to her parents and even the complaint also clearly go to show that when the complainant was got engaged with one N. Prasad in the month of September – 2018, the petitioners/accused told that they can continue the sexual relationship otherwise he will inform the same to the said N. Prasad. Thereafter also, he continued the sexual relationship with the complainant. When the complainant refused to go at the request of the accused then, he had informed the same act through audio and video to the said N. Prasad. As a result of the same, the engagement with him was cancelled. All these act of the petitioner/accused clearly go to show that it is not a consensual sexual act and he was forcing her to have a sex by threatening and compelling her. In that light, the provisions of Section 376 of IPC are attracted. When the petitioner/accused is involved in serious offence of sexual assault without there being any consent, under such circumstance, I feel that it is not a case to release the petitioner/accused on bail. Hence, petition stands dismissed.
Sd/- JUDGE VBS