IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4569/2019 BETWEEN:
SRI. KRISHNA, S/O. KENCHEGOWDA, AGED ABOUT 36 YEARS, AGRICULTURIST, R/AT KENCHEGOWDANA DODDY VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 119.
(BY SRI. SHIVASWAMY, ADV.) AND:
THE STATE OF KARNATAKA, BY KODIHALLI POLICE, KANAKAPURA TALUK, RAMANAGARA DISTRICT, ... PETITIONER REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP.) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.58/2019 OF KODIHALLI P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 376,506 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 High Court Government Pleader for the respondent – State. Perused the records.
2. A complaint came to be lodged on 01.06.2019 against the petitioner for the offence punishable under Sections 376 and 506 IPC. Brief facts of the case are that the complainant who is a married lady aged 36 years made allegations that she has been residing along with her husband at Kenchegowdanadoddi Village, Hunasanahalli Post, Kanakapura Taluk, Ramanagara District and that accused is also resident of the same village and since long years, he has been sexually illtreating and harassing her in spite of her reluctance and also refusal. In this context, it is alleged that on 13.05.2019 when her husband was not in the house, in the morning at about 5 a.m., accused came and made attempt to outrage her modesty and to commit rape on her and when she screamed, at that time her daughter came there and assaulted the accused with a broomstick and thereafter, accused ran away from the spot. On the basis of these allegations, complaint came to be lodged.
3. Even on plain reading of the above said allegations, it is doubtful whether any sexual activity has been committed or not to fall under Section 354 IPC. Under the said facts and circumstances, as the accused has already been in custody since 02.06.2019 and he is no more required for any further investigation and that he was remanded to judicial custody, in my opinion, it is a fit case where the petitioner/accused can be entitled to be enlarged on bail on conditions. Hence, the following:
ORDER Petition is allowed. Consequently, petitioner is enlarged on bail in Crime No.58/2019 registered by Kodihalli Police, Kanakapura Taluk, Ramanagara District against him for the offence punishable under Section 376 and 506 IPC pending on the file of the I Additional Civil Judge (Jr.Dn.) & JMFC., Kanakapura, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of `1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdiction 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 of.
(v) The petitioner shall mark his attendance once in 15 days before the Investigating Officer till the filing of final report.
Sd/-
JUDGE PKS