IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.6965/2017 BETWEEN:
Mohammad Musthafa, S/o Abdul Jabbar, Aged about 23 years, Residing at: Palla Site House, Booliyar Village, Booliyar, Mangaluru – 575 001.
(By Sri.Krishna B.J., Adv.) AND:
State of Karnataka, By Konaje Police Station, Mangaluru – 575 001.
Represented by SPP, High Court of Karnataka, High Court Building, Bengaluru – 560 001.
(By Sri. Chetan Desai, HCGP) …PETITIONER ….RESPONDENT This criminal petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.30/2017 of Konaje Police Station, Mangaluru City and C.C.No.1490/2017 which is pending on the file of J.M.F.C. – III, Mangaluru for the offence P/U/S 448, 376 (D) and 506 R/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This is the petition filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 448, 376 (D) and 506 of IPC read with Section 34 of IPC, registered in respondent – police station Crime No.30/2017 and now pending in C.C.No.1490/2017 on the file of the JMFC, 3rd Court, Mangaluru.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and entire charge sheet materials produced by the learned counsel for the petitioner alongwith the petition.
4. Looking to the complaint, the complainant is one Kumari Ayisha aged 23 years as mentioned when it is stated that about seven months back the accused No.1 and the present petitioner came to the house of the complainant when complainant alone was in the house and by showing the knife committed forcible sexual intercourse on her and they threatened that if she disclose the said fact before anybody, they will not spare her and they also told the complainant that they have video recording of the same. The further averments goes to show that often time both used to come and have the sexual intercourse with her.
5. Looking to the material placed on record, there is an inordinate delay of seven months in lodging the complaint as against the petitioner for the alleged offence.
6. I have also perused other materials produced in the case. It is no doubt in the statement recorded in the 164 of Cr.P.C. also the complainant/victim girl stated about the alleged act. But the prosecution has to explain the delay.
7. Now, investigation is completed and charge sheet has been filed and that the petitioner has contended in the petition that he is innocent and has not committed the alleged offences and he has undertaken to abide by any conditions to be imposed by this Court.
8. Accordingly, petition is allowed.
Petitioner/accused No.2 is ordered to be released on bail subject to the following conditions:
a. Petitioner shall execute a personal bond for Rs.1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
b. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
c. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE MH/-