IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5070 OF 2019 BETWEEN:
Sri. Bojegowda, S/o. Late Karigowda @ Channaviregowda, Aged about 65 years, Agriculturist, R/o. Korategeredoddy Village, Mullahalli Post, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District-562119. (By Sri. Shivaswamy, Advocate) AND:
The State of Karnataka, By Kodihalli Police, Kanakapura Taluk, Ramanagara District, Pin-562119.
Represented by State Public Prosecutor, High Court Building, Bengaluru-560001.
(By Sri. Rohith B.J., HCGP) ...Petitioner …Respondent This Criminal Petition is filed under Section 438 Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.12/2019 of Kodihalli Police Station, Ramanagara, for the offence punishable under Sections 376, 504, 506 read with Section 34 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 for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No. 12/2019 of Kodihalli Police Station for the offence under sections 376, 504, 506 read with section 34 IPC. The allegation is that the complainant by name Raju K.L. lodged a complaint stating that he has a sister who is the victim in this case. She was grazing sheep and accused was also going for grazing the sheep everyday. In this context , the accused has developed some intimacy with the victim and it is alleged that he has ravished her on various occasions taking advantage that she was not mentally sound. This relationship came to the notice of the public at large and there was a panchayat. In that panchayat an amount of Rs.4,00,000/- was settled. Subsequently, some amount was paid and some amount was not paid. The victim became pregnant and as on 2.2.2019 she was pregnant for 9 months. She was examined by a doctor. However, after issuance of the cheque, accused absconded himself. Though a missing complaint has been lodged by the son of the accused, but the fact remains that he did not make available himself for the police or the court for the purpose of investigation. When such serious allegations are made and it is the allegation that the victim was not of sound mind, in my view where investigation has to be done by the police in regard to the aforesaid allegation and the offence is one under section 376 IPC, I am of the opinion at this stage the petitioner has not made out a ground for grant of anticipatory bail. The petitioner has to surrender himself either before the police or before the court for investigation by the police. In that eventuality, if he makes any application for bail under section 438 or 439, the same shall be considered in accordance with law as expeditiously as possible.
Hence, the petition is dismissed.
Sd/- JUDGE ckl