IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7468/2017 BETWEEN:
Mr. Salman Khan S/o Mehaboob Khan Aged 24 years Residing No.2463 5th Cross, Kalasipuram Mysuru – 570 019 ... Petitioner (By Sri P.P.Hegde, Advocate) AND:
State of Karnataka Rep. Station House Officer Mandi Police Station, Mysuru Represented by the Learned State Public Prosecutor High Court of Karnataka Bengaluru – 560 001 ... Respondent (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.186/2017 of Mandi Police Station, Mysuru City for the offence punishable under Section 376 of IPC.
This criminal petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Section 376 of IPC, registered in respondent – police station Crime No.186/2017.
2. Brief facts of the prosecution case as per the complaint averments, the complainant alleged that accused was in intimate relationship with her since two years; they are muslims; he was already married; he had a child and he started visiting her house and developed physical relationship with her. The further averments state that even in the Aadhaar Card, the name of the accused is shown as husband of the complainant. However, it is alleged that he was postponing the marriage. On 07.08.2017, she came to know that she was pregnant for four months and five days when scanning was done, she approached the accused and requested to marry her. But, he refused to marry her. On the basis of the said complaint, case came to registered for the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused so also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record and the order of the learned Sessions Judge at Mysuru rejecting the bail application of the present petitioner.
5. In the complaint, the age of the victim is mentioned as 22 years. She herself mentioned in the complaint that since two years earlier to filing of this complaint, there was an affair developed between the complainant and the present petitioner. There is allegation that he promised her that he will marry and both had sex many times. When she had been to the hospital, the Doctor after testing the urine told that she is pregnant of four months and five days. It is also contended in the complaint when she requested the petitioner to marry her, he refused. But however, in the complaint it is also mentioned that the Aadhaar Card is issued showing the present petitioner as her husband. Looking to the complaint averments prima-facie goes to show that at this stage even if there is sex between the two, it is consensual in nature. Therefore, prima-facie it will not attract the alleged offence under Section 376 of IPC. The petitioner contended that he is in custody since from the date of arrest and he is ready to abide by any reasonable conditions to be imposed by the Court. In view of these materials, I am of the opinion that it is a fit case to exercise discretion in favour of the petitioner/accused.
6. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offence punishable under Section 376 of IPC registered in Crime No.186/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE KMV*