IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8256 OF 2019 BETWEEN:
MOHAMMED MUZAMIL, SON OF SRI. SHAIK RAHMATHULLA, AGED ABOUT 27 YEARS, R/O NO.594, 7TH MAIN, 2ND BLOCK, 1ST STAGE, YASEEN NAGAR, HBR LAYOUT, BANGALORE-560048. ...PETITIONER (BY SRI SUHAIB FAZEEL M, ADVOCATE) AND:
STATE OF KARNATAKA, BY K.G.HALLI POLICE STATION, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.441/2019 REGISTERED BY KADUGONDANAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 493, 506, 420, 323, 504 R/W 34 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 the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No.441/2019 of Kadugondana Halli Police Station for the offence punishable under Sections 493, 506, 420, 323, 504 read with Section 34 of IPC.
3. The complainant, who is a lady aged 28 years, is a resident of HBR Layout, lodged a complaint stating that she got divorced from her first husband in the year 2010 and started staying with her grand mother and uncle along with her son at Marathalli. Accused No.1 was working in ITPL, whereas the complainant was also working and he started behaving friendly with her and after knowing everything about her previous antecedents with regard to taking divorce from her first husband, he promised her to marry and look after her son also, thereafter, he sexually used her on many times in different hotels. Therefore, she became pregnant and he also signed the documents in the hospital for abortion as if her husband. Then, he arranged a house at HBR layout for which she took loan of Rs.6,00,000/- for that he promised to pay the loan installments. Thereafter, she shifted to said address with her son and grand mother. Petitioner also visited the said house and both of them continued the physical contact and thereafter, he started neglecting her. In this context, she went to the house of the petitioner, in this context, the father and mother of the petitioner have threatened her with dire consequences and kicked her out of the house. Therefore, she lodged a complaint for the above said offences.
4. There is no specific allegation that petitioner-accused at any point of time disrespected and cheated her claiming himself as her husband. It is only that he has promised to marry her. She as an aged lady, particularly a divorced lady, she must be knowing the consequence of entering into such type of relationship with the petitioner. Therefore, under the above said circumstances, there was any misconception of facts or whether there was any understanding between the parties with reference to the above said physical contact, the same has to be established during the course of investigation and trial. There is no custodial interrogation of the petitioner is necessary in this case. Therefore, considering the nature of allegations and the facts of the case, as the other accused have already been released on anticipatory bail, in my opinion, the petitioner is also entitled for the same. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.441/2019 of Kadugondana Halli Police Station for the alleged offence, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the final report is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE BSR