IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.1390/2019 BETWEEN :
Sri M.V.L.Manoj Kumar S/o T.M.Lokanathan Aged about 32 years R/a No.806, 3rd Cross, 8th Main Road HRBR Layout, 1st Block, Kalyan Nagar, Bengaluru-560 043.
(By Sri Amar Correa, Advocate) AND :
State of Karnataka by Banaswadi Police Station, Bengaluru-43, Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.12/2019 of Banaswadi Police Station, Bengaluru City, for the offences punishable under Sections 417 and 376 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R This petition is filed by the accused under Section 438 of Cr.P.C. praying to release him on anticipatory bail in the event of his arrest in Crime No.12/2019 of Banaswadi Police Station for the offences punishable under Sections 417, 376 of IPC, pending on the file of XI Additional CMM Court, Bengaluru,.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that the complainant got in contact with the petitioner-accused through a matrimonial website and thereafter they came into regular contact and thereafter accused used to talk with her and also used to take her outside by assuring that he would marry her. It is further alleged that the accused and his family members postponed the marriage by stating that they are having certain problems in the house and they assured the complainant’s mother that the marriage of the complainant with the accused will be held in the month of January or February, 2019. Thereafter the accused-petitioner had taken to PG, where he used to reside and had sexual intercourse against her will by assuring that he would marry her. Thereafter, the accused-petitioner took the complainant to his room at Kalyananagar many times and he had sexual intercourse by blackmailing that he is having recorded video of sexual intercourse with her. It is further alleged that in the month of May, 2018 the parents and sister of the accused-petitioner came to his room and after lapse of one week when the complainant asked the accused- petitioner as to when they are going back, he quarreled with her and stated that she is questioning him and he stopped calling her and blocked her number. Therefore, on the assurance that he would marry the complainant, the petitioner-accused had sexual intercourse with her and thereby he has cheated the complainant and by false promise, he had sexual intercourse and he threatened and blackmailed her that he is having video of sexual intercourse with her and used to have sexual intercourse. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused and the complainant came in contract through a matrimonial website. Some jewelries and a saree were given to the complainant by the petitioner and he was willing to marry her. He further submitted that the complainant requested to have a rented house and the mother of the complainant has contributed some amount and accused has also contributed the amount for the same and thereafter accused and the complainant started to live in the rented house. Only because that the time was not good, the marriage has not taken place. He further submitted that the petitioner was having a physical contact with a knowledge of the consequences of the complainant. He further submitted that only when the parents and sister of the accused continued the extended stay and when the complainant questioned the accused- petitioner in that regard, the dispute arose. He further submitted that if the entire complaint is looked into, nothing is indicated to show that the accused by a false promise to marry the complainant, had sexual intercourse with her. He further submitted that the petitioner was ever ready and willing to marry the complainant. Only because of the difference of opinion, the marriage has not taken place. He further submitted that the petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. Under such facts and circumstances, he prayed to allow the petition and release the petitioner on anticipatory bail.
5. On the other hand, it is the submission of the learned HCGP that under the pretext of marriage, accused got in contact with the complainant through a matrimonial website and thereafter he had sexual relationship with the complainant without there being any intention to marry her. She further submitted that the statement of the victim has been recorded under Section 164 of Cr.P.C. wherein she has corroborated the statement with the complaint, wherein she has clearly stated that the petitioner-accused under the pretext of marrying the complainant, had sexual intercourse with her. She further submitted that the petitioner is absconding and this is not a fit case to release the petitioner on anticipatory bail. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. It is not in dispute that the complainant and the accused came in contact with each other through a matrimonial website and thereafter they were having contact and even the complaint itself clearly goes to show that the petitioner used to visit the house of the complainant and even they have stayed together. Even the complaint also clearly goes to show that there was exchange of ornaments and engagement ceremony was held. Under the peculiar facts and circumstances of this case, though this Court is aware of the fact that under the pretext of marrying when there is sexual relationship with the accused and the victim, it amount to an offence punishable under Section 376 of IPC, in the instant case, nothing has been stated to show that the petitioner with a false promise of marrying the complainant, had sexual intercourse with her. Under such circumstances, I feel that by imposing some stringent conditions if the petitioner-accused is ordered to be released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioner-accused is granted anticipatory bail. In the event of his arrest in Crime No.12/2019 of Banaswadi Police Station for the offences punishable under Sections 417, 376 of IPC, pending on the file of XI Additional CMM Court, Bengaluru, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence or threaten the complainant in any manner.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
v) He shall mark his attendance once in fifteen days before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
*ck/-
Sd/- JUDGE