IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23ND DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2655/2019 Between:
Rukmesh S/o. Late Beemiah Aged about 39 years, No.2, Old Dormitory, Jayadeva Hospital, B.G.Road, Bangalore 560024.
… Petitioner (By Sri. Ranganatha Reddy. R, Advocate) And:
State by Tilak Nagar Police Station, Bangalore.
Rep. by State Public Prosecutor, High Court of Karnataka, Bangalore 560 001.
(By Sri. K. P. Yoganna, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail for the offences punishable under Section 376 of IPC in Crime No.365/2018 filed in II ACMM, Bangalore by Tilak Nagar Police in C.C.No.5146/2019 at Bangalore.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No. 365/2018 for the offence punishable under Section 376 of IPC.
2. The case of the prosecution is that on 22.12.2018, the complainant had gone to Jayadeva Hospital to take treatment for her ailments. As she could not take treatment on the said date, she decided to stay back in the hospital. It is stated that the accused who was working as a Security Guard in the night shift asked the complainant to sleep in his room as it was cold. It is further alleged that when the complainant had gone to the room of the petitioner between 4.00 to 4.15 a.m., petitioner is stated to have committed the offence of sexual assault on the complainant. It is further stated that the complainant had suffered injuries to her finger when she was trying to run away from the accused. On the basis of the said incident, complaint was filed, investigation is complete and charge sheet has been filed. Statement under Section 164 of Cr.P.C. has also been recorded.
3. Learned counsel for the petitioner points out that the delay in lodging of the complaint of 6 days prima facie raises a doubt as regards to the occurrence of incident. It is further submitted that as the investigation is complete and charge sheet has been filed, proof of offence being a matter for trial, petitioner is entitled to be enlarged on bail. It is also submitted that the assertion of the complainant that she had suffered injures does not find mention in the charge sheet nor are there any records relating to the complainant taking treatment.
4. Learned High Court Government Pleader, however, states that the petitioner has misused his position as security guard and the offence ought to be viewed seriously.
5. Taking note of the fact that the investigation is complete and charge sheet has been filed and also that there is delay of 6 days in filing the complaint, the explanation as regards the considerable delay, so also the proof of offence are matter for trial, petitioner is entitled to be enlarged on bail.
6. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No. 365/2018 for the offence punishable under Section 376 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP