IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4115/2019 BETWEEN:
SRI JAGADEESH AGED ABOUT 38 YEARS S/O LATE RANGAIAH RESIDING AT THOREMAVAINAHALLI VILLAGE KASABA HOBLI, TURVEKERE TALUK TUMKUR DISTRICT-572 212 … PETITIONER (BY SRI S.C. RAGHAVENDRA, ADVOCATE) AND:
STATE OF KARNATAKA BY TURUVEKERE POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU 560 001 …RESPONDENT (BY SRI K.P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.23/2019 OF TURUVEKERE POLICE STATION, TUMKURU DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 355, 376, 417, 420, 504, 506 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for the petitioner and learned HCGP for the respondent. Perused the records.
2. The victim aged 29 years has filed a complaint against the petitioner stating that when she was studying in 8th standard in the year 2002-03, at that time itself, both the petitioner and the victim had fell in love with each other. Thereafter, the petitioner married one Mamatha Rani. On questioning by the complainant, he said that he will also look after her with all love and affection. In the year 2006, marriage was set up to the victim but the petitioner insisted that she should not marry any other person otherwise he would die. Thereafter, the petitioner took her to Arasikere and married her in a temple by tying a sacred thread with Thali and they started living together for some time and again they separated themselves. It is stated that the wife of the petitioner Mamatha Rani went near the school where the victim was working and told her to remove the thali. In that context, it is alleged that there was some quarrel between the wife of the petitioner and the victim. On 17.04.2016, there was again physical contact between the petitioner and complainant. On 27.02.2019, at about 8.00 p.m., the victim and others went to the house of the petitioner, at that time, the wife of petitioner Mamatha Rani has abused and assaulted her. On these allegations, a complaint came to be lodged and the police have registered a case in Crime No.23/2019 for the offences punishable under Sections 323, 355, 376, 417, 420, 504, 506 r/w 149 of IPC.
3. As could be seen from the records, the nature of allegations made against the petitioner creates a serious doubt as to whether both of them are doing very well and it is consensual sex between them or the petitioner tried to cheat the victim, which has to be thrashed out during the course of trial. At this stage, in my opinion, the petitioner is entitled to be enlarged on bail. However, accused persons appear to have been granted bail in Crl.Misc.No.10181/2019 under Section 438 of Cr.P.C. by the learned Sessions Judge. Hence, the petitioner is also entitled to be enlarged on bail on conditions:
The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.23/2019 of Turuvekere Police Station registered against him for the offences punishable under Sections 323, 355, 376, 417, 420, 504, 506 r/w 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with one surety for the like-sum 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 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.
Sd/-
JUDGE hkh.