IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.10107 OF 2017 BETWEEN:
RAJESH S/O VEERAPPA GOWDA AGED ABOUT 22 YEARS R/AT NO.1-187, JANATHA COLONY SAMRAGUNDI HOUSE GOLITHOTTU POST AND VILLAGE PUTTUR TALUK D.K.DISTRICT – 574 229 ... PETITIONER (BY SRI RAJASHEKAR S, ADVOCATE) AND:
THE STATE OF KARNATAKA BY KANKANADY POLICE STATION REPREENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 ... RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.347/2017 OF KANKANADY TOWN P.S., MANGALORE CITY FOR THE OFFENCE PUNISHALBE UNDER SECTIONS 506, 376 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 506, 376 and 420 of IPC, registered in respondent – police station in Crime No.347/2017.
2. It is stated in the complaint that the accused misused the liberty accommodated to him by the victim and promised the victim to marry her. Further, exploiting the innocence of the victim, the accused had sexual intercourse on her without her consent and against her will. It is also stated in the complaint that in order to make the victim believe him, the accused had applied for registered marriage and had not kept his promise. Meanwhile, the accused has harassed the victim and her mother for money.
3. The learned counsel for the petitioner would submit that the petitioner had bona fide intention of getting married with the complainant and he had no animus of deceiving her in the name of marriage. The learned counsel draws the attention of this Court to the notice of intent said to have filed under the Special Marriage Age on 8.5.2017. It is also stated that both the accused and the victim are majors.
4. The learned HCGP would submit that irrespective of the circumstances sated in the complaint and the proceedings under the Special Marriages Act, the petitioner committed rape on the victim without her consent. Therefore, he is not entitled to be enlarged on bail.
5. The date of offence is not mentioned in the complaint.
The averment regarding sexual intercourse without the consent or willing of the victim are to be considered on assessing the entire facts and circumstances of the case. The complaint came to be registered on 22.9.2017.
6. In the circumstances of the case, the assessment of the offence at this stage, for the purpose of disposal of the bail application is to be made. The matter is still said to be under investigation. The gravity of the offence for the limited purpose of disposal of bail application has also to be assessed. The petitioner is in judicial custody. The petitioner and the victim have filed the notice of their intended marriage before the Registrar of Marriages on 17.5.2017. Thus, there does not appear any likelihood of interference by the petitioner in the investigation and no prejudice is caused to the case of justice if he is enlarged on bail. The apprehensions of the prosecution can be met by imposing conditions.
7. Accordingly, the petition is allowed. The petitioner/accused is ordered to be released on bail for the offence punishable under Sections 506, 376 and 420 of IPC registered in Crime No.347/2017, subject to the following conditions:
(i) The petitioner has to execute a personal bond for `2,00,000/- (Rupees two lakh only) and has to furnish one solvent surety of a person possessing immovable properties, for the likesum to the satisfaction of the concerned Court.
(ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly.
(iii) He has to appear before the concerned Court regularly.
Sd/- JUDGE AHB