IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JULY 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.5042/2017 BETWEEN:
SHAIK IBRAHIM PASHA S/O SHAIK SALEEM PASHA AGED ABOUT 31 YEARS R/AT NO.38/10, 4TH CROSS BAZAAR STREET THIMMARAYAPPA GARDEN NEELASANDRA BENGALURU – 560 047. …PETITIONER (BY SRI SUDHARSHAN L., ADV.) AND:
STATE BY ASHOKNAGAR P.S., BENGALURU REP. BY SPP, HIGH COURT BANGALORE – 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 CR.NO.162/2017 OF ASHOK NAGAR P.S., BANGALORE, FOR THE OFFENCES P/U/S 376(2)(f), 376(2)(h), 504 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner is in custody since 13.4.2017 in Cr.No.162/2017 registered by the respondent-police for the offences under sections 376(2)(f), 376(2)(h) and 504 of IPC. It is a case transferred by Pawarwadi police station, Malegoan Taluk, Nashik District, Maharashtra State.
3. The case of the prosecution is, the complainant is a lady with a child. The petitioner being the relative of her husband, developed acquaintance with her. On 11.3.2017 the complainant had a confrontation with her husband and in-laws and left the matrimonial home with the accused. Under the guise of taking her to her parents house, he took her to Tamilnadu and confined her in a factory. He committed rape on her despite her resistance and also knowing fully well that she is a pregnant etc.
4. Perused the charge sheet papers. Since the investigation is complete, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.162/2017 of respondent- police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall not terrorize the prosecution witnesses.
Dvr:
Sd/- JUDGE