IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4278 OF 2019 BETWEEN:
MANOJ NAIK S/O VEERESH NAIK, AGED ABOUT 23 YEARS R/O 4TH MAIN, 4TH CROSS, KB EXTENSION, DAVANGERE - 577002 (BY SRI: CHAKRAVARTHY T S, ADVOCATE) AND STATE OF KARNATAKA BY WOMEN POLICE STATION DAVANAGERE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560001 (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP) ... PETITIONER ... RESPONDENT THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.23/2018 (S.C.NO.121/2018) OF WOMEN POLICE STATION, DAVANAGERE DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 376, 114, 417 R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This is the second petition filed under section 439 Cr.P.C. for grant of bail. The earlier petition filed by petitioner was dismissed by a considered order dated 01.06.2018 inter-alia observing that the material collected by the investigating agency reinforces the allegations made against the petitioner and that the offences alleged against the petitioner being serious in nature, liberty was reserved to the petitioner to seek for bail after examination of the victim before the trial court.
2. Learned counsel for the petitioner has filed a memo alongwith order-sheet in S.C.No.121/2018 which discloses that except the victim and medical officer, all other witnesses have been examined before the trial court. The order-sheet reveals that repeated summons and warrants have been issued to secure the presence of the victim and even the proclamation issued against her is pending.
3. One of the contention urged by the petitioner is that the alleged act of sexual intercourse was consensual in nature. The records indicate that the victim was aged about 21 years at the time of commission of the alleged offence. According to the prosecution, the victim was abducted and was taken to various places on the promise of marrying her and was unlawfully confined for about six months during which period, repeated sexual intercourse was committed on her.
4. Considering the above allegations, bail was denied to the petitioner so as to facilitate the prosecution to examine the victim. Since the victim herself could not be secured and the custody of the petitioner is being extended, petition deserves to be allowed.
Accordingly, the petition is allowed. Petitioner is directed to be enlarged on bail on furnishing a bond in a sum of Rs.2.00 lakhs(Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial court, subject to further condition that:-
1. The petitioner/accused shall appear before the court regularly without any default;
2. The petitioner shall not threaten or allure the victim or any other witnesses in whatsoever manner.
In the event, the petitioner violates any of these conditions, prosecution is at liberty to seek for cancellation of bail.
Sd/- JUDGE *mn/-