IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.215/2019 BETWEEN:
Parasappa @ Tatti Prarasa S/o Hanuma, Aged 47 years, Agriculturist, R/o Gudalu Village, Davangere Taluk & District. …Petitioner (By Sri K.N. Jayaprakash, Advocate) AND:
The State of Karnataka By Rural Police Station, Davangere, Rept. By SPP, High Court of Karnataka. …Respondent (By Smt. Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.349/2018 of Davanagere Rural Police Station, Davanagere District for the offence punishable under Section 376, 448 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused under Section 439 of Cr.P.C to release him on bail in Crime No.349/2018 of Davanagere Rural Police Station, Davanagere District for the offences punishable under Sections 376, 448 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case is that, on 05.11.2018, when the complainant was sleeping in her house by closing the door along with her children and mother-in-law, petitioner-accused pushed the door and came inside and by holding the complainant stated that her husband was sleeping by consuming alcohol and by closing her mouth, pushed her on the bed and without her consent, he committed rape on her and threatened her with dire consequences. Thereafter, a case was registered.
4. It is the submission of the learned counsel for the petitioner that because of the business rivalry, a false complaint was registered. He further submitted that the petitioner-accused has connected with the complainant and her husband in the business transactions. When she has been taken to Chigateri District Hospital, Davanagere, in the history, it has been made as she being raped by somebody at about 11.00 p.m. on 05.11.2018. Non- discloser of the name of the accused itself creates doubt in the case of the complainant. He further submitted that the medical records also clearly goes to show that there were no injuries and foreign articles were found on the body of the complainant and that itself clearly goes to show that she has not been raped. He further submitted that already charge sheet has been filed and the petitioner-accused is not required for further investigation or interrogation. He further submitted that the other members of the family including her mother-in-law were also sleeping when the alleged incident has taken place and nobody has come forward to rescue her, that itself goes to show that the alleged incident has not taken place and false case has been registered. He is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if he is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted the statement of the victim has been recorded under Section 164 of Cr.P.C. before the learned Magistrate. The said statement is in corroboration with the contents of the complaint. She further submitted that the victim is married and she has got two children. Under the said circumstance, the medical evidence will not be similar but the statement of the victim clearly goes to show that she has been raped. He further submitted that the said offence is a serious offence. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On clsoe reading of the contents of the complaint, it indicates that when the petitioner-accused entered the house of the complainant, at that time the children and her mother-in-law were also sleeping and when she screamed, nobody rescued her. As could be seen from the medical records, when she has been taken to the Chigateri District Hospital, Davanagere, there, the name of the accused is not mentioned though, the accused was known to the complainant and her husband. Even as could be seen from the medical records, no Seminal stains were detected on Item Nos.1, 2, 3, 4,7, 8, 9, 10, 11, 12, 13, 14, 15 and 17; Skin tissue was not detected on Item Nos.1 and 7; Spermatozoa was not detected on Item No.10 and Foreign hairs were not detected on item Nos.2 and 8. No other material has been detected to show that the complainant has been raped. Already charge sheet has been filed and petitioner- accused is not required for the purpose of further investigation or interrogation.
8. Under the facts and circumstance, I feel that if the petitioner-accused is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
9. In that light, the petition is allowed and petitioner-accused is ordered to be released on bail in in Crime No.349/2018 of Davanagere Rural Police Station, Davanagere District for the offences punishable under Sections 376, 448 of IPC subject to following conditions:
1. Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m before the jurisdictional police till the trial is concluded.
5. He shall not indulge in similar type of criminal activities.
Sd/- JUDGE HA/-