IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO. 6306/2017 BETWEEN SRI HAMEED PASHA, S/O. GULAM AHAMED, AGED ABOUT 65 YEARS, RESIDING AT 8TH CROSS, SADASHIVANAGAR, MELEKOTE ROAD, TUMAKURU-572 101 (BY SRI B.S. REDDY, FOR SRI SRIDEVARAJU, ADV.) AND STATE BY WOMEN POLICE, TUMAKURU-572 101, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001 (BY SRI S. VISHWAMURTHY, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.67/2017 OF WOMEN POLICE STATION, TUMAKURU WHICH IS REGISTERED FOR THE OFFENCES P/U/SS. 506, 114, 376 R/W. 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner apprehends arrest by the respondent- police in their Crime No.67/2017 registered for the offences punishable under Sections 506, 114 and 376 read with Section 34 of I.P.C.
He is arrayed as accused No.1 at Column No.6 of F.I.R. The co-accused are none other than his wife and son. The complainant is his daughter-in-law having married his son Mahamed Khalandra.
2. The allegation is, the husband of the complainant is employed at Saudi Arabia for the last two years. However, she continued to stay in matrimonial home. The petitioner on 3-4 occasion committed rape on her. Though said fact is known to 2nd accused, she is threatened by the accused not to disclose the matter.
3. Learned counsel for the petitioner submits that subsequent to the marriage the couples stayed for the year at Saudi Arabia, thereafter, she has returned to her parents’ house and at no point of time she has resided under the same roof with the accused persons. To settle her score she has lodged false complaint. Petitioner is in judicial custody since 06.06.2017. Since he is no more required for the purpose of further investigation, he may be enlarged on bail.
4. Learned HCGP opposes the bail petition.
5. perused the case diary so also the 164 Cr.P.C. statement of the victim wherein she has stated that for the last 2 years she is residing in her parents’ house, since, her mother is insisting her to stay in her marital home, apprehending sexual exploitation she has lodged the complaint.
6. The petitioner is already subjected to medical examination. Having regard to the facts and circumstances of the case, there is no impediment to allow the petition.
Accordingly, petition is allowed. Petitioner is enlarged on bail on his executing self bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the concerned Court. He shall co-operate with the Investigation Officer during the further course of investigation and shall not threaten/approach the complainant and her family members, either directly or telephonically.
Sd/- JUDGE Sbs*