IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7677/2019 BETWEEN:
SMT REKHA AGED ABOUT 28 YEARS W/O SHIVU, R/AT 874, VADDARA COLONY MALLAVALLI TOWN MANDYA – 571430. … PETITIONER (BY SRI.SUNIL KUMAR, T R ADV.) AND:
THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER MANDYA WOMEN POLICE STATION – 574 401 MANDYA, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITOENR ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.22/2019 OF MANDYA WOMEN POLICE STATION, MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 114, 323, 341, 354 AND 504 READ WITH 34 IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard and perused the records.
2. Petitioner is arraigned as accused No.2 in Cr.No.22/2019 on the file of respondent/police for the offence punishable under Sections 114, 341, 504, 323, 354 read with 34 IPC, 1860.
3. The allegations made against the petitioner and other accused are that this petitioner developed some intimacy with the complainant by name Sudhamani and the complainant also came to know that this petitioner also developed some illegal intimacy with the husband of the complainant and they were going together to various places and the said Rekha has taken some nude photographs of the complainant and she has sent the same to accused No.1 for the purpose of extracting money from the complainant and the said person threatened with dire consequences etc. In this context, it is alleged that on 19.07.2019 at about 8.20 am when the complainant was near Aquarel Samudra Garments on Banasamudra village-Malavalli Halaguru Main Road, at that time some persons came there stating that one was the brother of this petitioner and his friends and they intercepted the way of the complainant, abused her in filthy language and assaulted her.
4. On looking to the entire materials on record it is seen that this petitioner was not said to be present at the place where the alleged incident had taken place. During the course of full dressed trial, the prosecution has to establish the relationship between the petitioner and accused no.1 and others. Under the above said circumstance, in my opinion, petitioner has made out a ground for grant of anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.22/2019 of Mandya Women Police Station, Mandya for the alleged offences subject to the following conditions:-
i) The petitioner shall surrender herself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
brn Sd/- JUDGE