IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5180/2019 BETWEEN MR. RAMA REDDY S/O SHYAM SUNDAR REDDY AGED ABOUT 29 YEARS NO.404, 1ST CROSS, 1ST MAIN 6TH SECTOR, HARIHARA ENCLAVE HSR LAYOUT, IAS COLONY BANGALORE – 560 066 (BY SRI. P.N. HEGDE, ADVOCATE) AND STATE OF KARNATAKA THROUGH HSR LAYOUT POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE – 560 001 (BY SRI. K.P. YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.205/2019 OF HSR LAYOUT P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 376 AND 420 OF IPC. (EARLIER CR.NO.267/2019 ON THE FILE OF WHITE FIELD P.S.) THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner was arrested on 12.6.2019 in connection with crime No.267/2019 of White Field Police Station pending on the file of Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 376 and 420 of IPC and since then, he has been in judicial custody.
2. Brief factual matrix of the case is that the complainant, aged about 30 years and petitioner came into contact by conversing with each other over internet and in fact, they have had physical contact with each other on various occasions. In fact, on 3.6.1019, the victim voluntarily went to the petitioner to have sexual contact with him. He refused for the same. In this context, it is alleged that he stopped conversing with her and stopped relationship and breached an agreement between them that he would not leave her at any point of time.
3. Very strange allegations are made and very strange agreement was made between the parties. Looking to the above said circumstances, it is very difficult at this stage to come to any conclusion that there was any relationship between the parties. At the most, the allegation made in the complaint attracts Section 420 of IPC which is not punishable with death or imprisonment for life. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail particularly under Section 439 of Cr.P.C. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.267/2019 of Whitefield Police Station, registered for the offences punishable under Sections 376 and 420 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (one lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/-
JUDGE Cs