IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3533/2019 BETWEEN:
SHASHIUMARA U.S. @ SHASHIKUMARA NAIK, S/O SHIVA NAIKA, AGED ABOUT 18 YEARS, R/AT UDUGERE THANDYA, UDUGERE, KADUR TALUK, CHIKKAMANGALUR DISTRICT – 577 101.
(BY SRI.PRATHEEP K.C., ADV.) AND:
THE STATE OF KARNATAKA, REPRESENTED BY YAGATI POLICE STATION, CHIKKAMANGALUR DISTRICT. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 01.
(BY SRI. HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.03/2019 (S.C.NO.43/2019) REGISTERED BY YAGATI POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 376(2)(n), 506 AND 417 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent. Perused the records.
2. The complainant has lodged the FIR with the police on 14.01.2019. It is stated therein that the complainant is aged 20 years. She has been living with her mother at Udugere Thandya in Yagati Hobli of Kaduru Taluk, Chikkamagaluru District. The complainant – first informant has studied up to 8th standard. About a year prior to the alleged incident, she came in contact with the petitioner and they started chitchatting over sphone and developed intimacy between each other. It is stated that whenever mother of the complainant was not in the house, accused used to visit the house, talk with the complainant and in this context, it is specifically stated that they started loving with each other. In this context it is alleged that petitioner assured her that he would marry her and thereafter in the absence of the mother of the complainant taking advantage of the situation whenever occurred, they enjoyed sex with each other. This happened for about three months on various occasions and even thereafter they were talking to each other. When things stood thus, it is alleged that the petitioner has breached the promise of marrying her and also threatened her with dire consequences. He also stated that he has nude photos of the said girl as stated by him in his statement under Section 164 Cr.P.C., before the Magistrate and taking advantage of the same he started abusing her and also cheated her.
3. The above said facts and circumstances of the case would disclose that there was close intimacy between the petitioner as well as the victim girl for a long time. During the course of trial, the Court has to examine whether really against complainant’s will, any act as stated in the complaint has been committed by the accused and really there was any intention to cheat her or both persons have voluntarily joined together to enjoy sex.
4. Therefore, under the above said facts and circumstances, as the accused has already been arrested and he has been in jail since 15.01.2019 and the charge- sheet has already been filed, in my opinion, petitioner is entitled to be enlarged on bail on stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, petitioner shall be released on bail in S.C. No.43/2019 pending on the file of Prl. District and Sessions Judge, Chikkamagaluru, in connection with Crime No.3/2019 of Yagati Police Station, Birur Circle, Kadur, registered against him for the offences punishable under Sections 376(2)(n), 417 and 506 of IPC, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with one surety for the like sum to the satisfaction of the jurisdictional Court.
(ii) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE sac*