IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7904/2019 BETWEEN:
SRI. DATTARAJU, S/O. VENKATESHAPPA, AGED ABOUT 27 YEARS, R/AT J.V. COLONY, J. THIMMASANDRA POST, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 135. ... PETITIONER [BY SRI. R.V.SHIVANANDA REDDY, ADVOCATE] AND:
STATE OF KARNATAKA, BY AMRUTHAHALLI POLICE, BENGALURU, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.80/2019 (C.C. NO.16563/2019) OF AMRUTHAHALLY P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 376, 312, 201, 120B, 420, 506 R/W 34 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. The petitioner is accused No.1 in Crime No.80/2019 [C.C. No.16563/2019] of Amruthahalli P.S., Bengaluru City, for the offence under Sections 376, 312, 201, 120-B, 420, 506 r/w. 34 of IPC on the file of C.M.M. Court, Bengaluru.
3. The brief facts of the case are that;
The complainant [victim girl] aged 20 years lodged a complaint against the petitioner stating that the petitioner and she were loving each other and they decided to marry. The petitioner also assured her to marry. She was searching for a Government job. Therefore, she was studying. At that time, the petitioner requested to be in the house of the complainant at Bengaluru on the assurance that he would marry her. Though the mother of the victim girl initially reluctant, later accepted for the same. Therefore, the petitioner started living in the house of the complainant. It is stated that he persuaded the victim that any way he is marrying her therefore, they can start going out together from the house. In fact, in this context, they went to various places like Kailasagiri, Kaiwara, Nandihill, Muddenahalli, etc. and even visited her relatives house together. When there is no family member in the house, he used to be in the house and under such circumstances, both of them developed physical intimacy with each other. The petitioner also taken some money from her for his expenses by assuring her that he would marry her. In spite of several requests, he did not marry the victim. In fact, the parents of the petitioner were also assured that they would perform the marriage of the petitioner with the victim. Thereafter, the petitioner refused to marry the victim and married another girl. When the victim questioned the same, the petitioner threatened her with dire consequences.
6. The above said facts and circumstances of the case shows that the victim girl is aged more than 23 years and she is well conversed with the social impacts and also consequences. In spite of it, whether she actually joined hands with the petitioner or whether for having sex only on the promise to marry, the victim joined hands with the petitioner have to be thrashed out by the Court during the course of the trial. In the above said facts and considering the nature of the allegations and the petitioner has already been arrested and has been in judicial custody, he is no more required for any further investigation. As the charge-sheet has already been filed, in my opinion, the petitioner is entitled to be enlarged on bail on stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.80/2019 [C.C. No.16563/2019] of Amruthahalli P.S., Bengaluru City, for the offence under Sections 376, 312, 201, 120-B, 420, 506 r/w. 34 of IPC on the file of C.M.M. Court, Bengaluru, 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 one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all the 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 of the Court till the case registered against him is disposed off.
Sd/- JUDGE Ksm*