IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7880/2019 BETWEEN:
SADAQATH ALI, S/O. NOOR SAB, AGED 40 YEARS, R/AT 16TH WARD, 12TH CROSS, DARGA MOHALLA, VIJAYAPURA TOWN, VIJAYAPURA, AMANIKERE, BANGALORE RURAL-562 135. ... PETITIONER [BY SRI. TEJAS N., ADVOCATE] AND:
STATE OF KARNATAKA BY:
VIJAYAPURA POLICE STATION, BANGALORE RURAL-562 135 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR. ... 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.141/2019 OF VIJAYAPURA P.S., BENGALURU RURAL FOR THE OFFENCE P/U/S 417, 376, 504, 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.141/2019 of Vijayapura Police Station, Bengaluru Rural, for the offence under Sections 376, 417, 504, 506 r/w. 34 of IPC.
3. The allegations in the First Information Report are that;
The complainant is a divorced lady. When she was searching for a bridegroom for her marriage, she came in contact with one Smt. Naseem and she introduced the petitioner herein to the complainant. In fact, the petitioner proposed to marry the complainant and thereafter, he persuaded her to go along with him to several places in his Innova Car. Likewise, they travelled to various places and particularly, it is alleged that on 24.07.2019, the petitioner and the victim had been to Aparanji Layout in Vijayapura. At that time, one Sri. Rafiulla was there and he told the petitioner to have intercourse with the victim and in that context, it is alleged that he recorded the said activities between the petitioner and the victim through videograph. Thereafter, he threatened the victim with dire consequences by showing knife and also demanded money by saying that he would release the said videograph in social media. Again on 25.07.2019, the petitioner took the victim to R.T.Nagar area and booked a room. There also, he committed sexual act on her.
4. Whether the above said acts between the parties are consensual sex or if any background for the same in order to extract money and whether really such videograph has been taken, all these things have to be investigated by the Police during the course of full fledged investigation. In my opinion, it is too premature to grant anticipatory bail to the petitioner.
5. Though the learned counsel for the petitioner tried to convince this Court that a Police Constable has registered the case, who has no jurisdiction or empowerment to register the case. But, as could be seen from the FIR., it shows that one Head Constable [H.C. No.647] has registered the case. Even in the said FIR also, Sub-Inspector of Police, Vijayapura Police Station seal and signature have been made and underneath the same, the name of one Nagesh M., P.C No.7279 is also written. Whether the said signature is belongs to the Sub-Inspector of Police or a Police Constable or a Head Constable have to be looked into by the Investigating Agency to come to any conclusion. Even otherwise, complaint has been lodged by the complainant and case has already been registered in the Police Station. Even if, such irregularity is in existence, it would not in any manner takeaway the prosecution case.
In view of the aforesaid facts and circumstances, the petition is devoid of merits and the same is liable to be dismissed and accordingly dismissed. However, liberty is granted to the petitioner to approach the jurisdictional Court for grant of bail immediately after the final report is filed.
Sd/- JUDGE Ksm*