IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5222 OF 2019 BETWEEN RAVIKUMAR S/O NARASIMHAIAH AGED ABOUT 25 YEARS R/AT CHIKKAMALLEKERE GOWRIBIDANUR TALUK CHIKKABALAPURA DISTRICT …PETITIONER (BY SRI J.S.HALASHETTI, ADVOCATE) AND STATE OF KARNATAKA BY RURAL POLICE STATION GOWRIBIDANUR REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 …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.181/2019 REGISTERED BY GOWRIBIDANUR RURAL POLICE STATION, CHIKKABALLAPURA FOR THE OFFENCE P/U/S 504, 506 AND 376 OF IPC AND SECTION 4 AND 12 OF POCSO ACT.
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. There are serious allegations made by the victim girl stating that on 02.02.2019, the accused took her to the house of his sister and there, against the consent and will of the victim girl, had sexual intercourse with her and on 10.04.2019 when this was questioned, the accused had assured that he would marry her. On the other hand, the other accused persons have demanded a sum of `5 lakhs in this regard.
3. During the course of investigation, the Police have also recorded the statement of the victim girl wherein she has categorically stated that against her will and consent, the accused had committed sexual intercourse on her.
4. In my opinion, this is too premature stage to ascertain whether the court can draw any inference with regard to the relationship between the parties. This can only be ascertained after filing of the charge sheet by the Police. Particularly in a petition under Section 438 of Cr.P.C., in my opinion, the petitioner is not entitled to be enlarged on bail. However, it is made clear that the petitioner, if he is arrested or if he voluntarily surrenders before the court, the court can pass appropriate orders on the application to be filed for grant of regular bail, as expeditiously as possible.
With this observation, the petition stands dismissed.
Sd/- JUDGE KNM/-