IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6123/2017 BETWEEN:
SANTHOSH PANARA S/O BHOJA SALAIN AGED ABOUT 28 YEARS R/AT GARADIBAILU AYYAPPA NAGARA KUKKUNDOOR VILLAGE KARKALA TALUK AND DISTRICT-574 104. ... PETITIONER (BY SRI HARISH GANAPATHY, ADV.,) AND:
THE STATE OF KARNATAKA REPRESENTED BY KARKALA RURAL POLICE STATION UDUPI DISTRICT-574 104 PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.19/2017 OF KARKALA RURAL P.S., UDUPI DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376, 417 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 of the offences punishable under Sections 376 and 417 of IPC, registered in respondent – police station Crime No.19/2017.
2. Brief facts of the prosecution case that the victim herself lodged the complaint alleging that she is residing along with her grand mother at Tellaru Ashwathakatte, Durga village at Karkala Taluk and doing the work of rolling beedi. Complainant’s mother died about one and half years back. She is having two young brothers, one brother is married and residing separately and another brother is going to school. On 07.02.2017 there was a Mehandi function in their uncle’s house and as such the petitioner came to the house of first informant at night to stay and on that night the petitioner slept beside the complainant and had intercourse with the first informant on a promise to marry. She has not given her consent and it is against her wish, he committed such act. Later, the first informant became pregnant, petitioner refused to marry her. She lodged the complaint, on the basis of which case came to be registered for the said offence.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and 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.
5. Even looking to the very averments made in the complaint, the act of alleged sexual intercourse is not once, series of sexual intercourse took place in between the petitioner and the complainant. In the complaint itself, the age of the complainant is mentioned as 26 years. Therefore, for the sake of appreciation, even if it is assumed that there is sexual intercourse, the materials prima-facie show that it is consensual in nature. The petitioner has contended in the petition that he is innocent and not committed the alleged offence, he has been falsely implicated in the case and he has also undertaken to abide by any conditions to be imposed by this Court. Now the investigation is completed and charge sheet has been filed. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be granted with bail.
6. Accordingly, petition is allowed.
Petitioner/accused No. is ordered to be released on bail of the offence punishable under Sections 376 and 417 of IPC, registered in respondent – police station Crime No.19/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one 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 BSR