IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.1951/2017 BETWEEN:
MR. N.ABDUL SIDDIQUE, AGED 37 YEARS, SON OF LATE N.ABBAS, RESIDING AT HOUSE NO.2-26, TEKKARU POST, BELTHANGADY, D.K. – 574 326.
(BY M/S P.P.HEGDE & ASSOCIATES, ADVS.) AND:
THE STATE –THROUGH THE POLICE SUB INSPECTOR, PUNJALAKATTE POLICE STATION, BELTHANGADY TALUK, D.K. DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU) (BY SRI. B.J.ESHWARAPPA, HCGP.) …PETITIONER ...RESPONDENT 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.4/2017 OF PUNJALKATTE POLICE STATION, D.K., WHICH IS REGISTERED FOR THE OFFENCES P/U/S 376, 417 AND 506 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 appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent.
2. The respondent-police registered a FIR against the petitioner (A-2) in their Cr.No.4/2017 in respect of the offence punishable under sections 417, 376, 506 r/w section 34 of IPC.
3. The allegation of the prosecution is, the complainant came in contact with the 1st accused prior to two months of the incident. On 3.1.2017 he took the complainant in a car. While the petitioner/A-2 was driving the car, A-1 sexually abused her in the back seat and committed rape on her. Though the petitioner made attempt to commit rape on her, she did not allow. On the next morning A-1 left her near her house. When she requested A-1 to marry her, he refused and put threat of dire consequence if she ever discloses the matter.
4. A-1 is said to be in custody. The entire overt act since alleged against A-1, having regard to the definite role attributed against this petitioner in the alleged offence, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is granted anticipatory bail in Cr.No.4/2017 for a period of three weeks. Within the above period, he shall surrender before the concerned Court and move for regular bail. Till disposal of his bail petition, this order will be in force. In the event of his arrest by the respondent-I.O. in respect of the above case, he shall be released on bail on executing self bond for Rs.50,000/- with one surety for the likesum.
Dvr:
Sd/- JUDGE