IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8158/2019 BETWEEN SIDDIQ PASHA S/O. MOHAMAD ISMAIL SAB AGED ABOUT 30 YEARS RESIDENT OF. 1ST CROSS KARIBASAPPA COLONY TIPTUR TOWN – 572 216 TUMKUR DISTRICT ... PETITIONER (BY SRI. CHETHAN B, ADVOCATE) AND STATE OF KARNATAKA BY TIPTUR POLICE STATION TUMKURU DISTRICT – 572 216 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.138/2019 OF TIPTUR TOWN POLICE STATION, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376, 417 AND 506 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. Petitioner is the sole accused in Crime No.138/2019 for the offence punishable under Sections 376, 147 and 506 IPC of respondent-Tiptur Police Station. After investigation, the respondent- Police have laid charge sheet against the petitioner for the above said offences.
3. I have perused the charge sheet papers including the statement of the victim lady recorded under Section 164(5) of Cr.PC..
4. The brief facts of the case are that, the victim is a 29 year old physically handicapped lady and after the death of her husband –Mr.Ameenabi, she was residing alone and she was doing work of rolling and selling beedi. Since 7 to 8 years, the petitioner has been visiting the house of the victim and about one year back, he persuaded her stating that he would like to marry her and she was also agreed for marriage with him. Thereafter, it appears they developed physical intimacy and as a result of which, she became pregnant. It is alleged that, after coming to know of that the victim is pregnant, the petitioner/accused stopped going to the house of the victim and meeting her and whenever, the victim asking him to marry her, he started deferring the marriage proposals given by the victim on one or the other reason. Therefore, the victim lady lodged a complaint against the petitioner and on the basis of such complaint, the police have arrested the petitioner and since the date of arrest, he has been in judicial custody.
5. During the course of arguments, learned HCGP submitted that, at the time of delivery of child, both the child and victim lady passed away.
6. Looking to the above facts and circumstances, it appears, there was a love affair between the petitioner and the victim lady and due to some infatuation or due to love affair, they might have had physical contact with each other. It appears, there was a breach of promise by the petitioner. Therefore, whether it attracts the provision of 376 or 417 of IPC has to be thrashed-out during the course of full-dressed trial.
7. The learned counsel for the petitioner submitted that, the petitioner has already been arrested and he has been in judicial custody and it is also submitted that, the charge sheet has already been filed. This indicates that the petitioner may not be required to custodial interrogation. Therefore, in my opinion, the petitioner is entitled to be enlarged on bail, on certain stringent conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused-Siddiq Pasha shall be released on bail in connection with Crime No.138/2019 of Respondent-Tiptur Town Police Station, Tumakuru District, for the aforesaid offences, now pending before the Court of V-Addl. District and Sessions Judge at Tiptur, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE