IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2178 OF 2019 BETWEEN:
Sri Muneer Ahmed S/o late Mohammed Hayat, Aged about 60 years, R/at Maz Manzil, 5th Cross, 6th Main, Sadashivnagar, Tumkur Town – 572104. ...Petitioner (By Sri K.Diwakar, Adv. for Smt. S. Meena, Adv.) AND:
The State of Karnataka By R.T.Nagar Police Station Represented by its State Public Prosecutor, High Court Complex, Bangalore – 560001. ..Respondent (By Sri H.S. Chandramouli, SPP) This Criminal Petition is filed under Section 439 of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.39/2019 of R.T.Nagar P.S., Bangalore for the offence P/U/S 376 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking his release on bail in Crime No.39/2019 of R.T.Nagar Police Station for the offence punishable under Section 376 of IPC.
2. I have heard the learned counsel for the petitioner and the learned State Public Prosecutor for the respondent-State.
3. The case is taken out of turn on the request of the learned counsel for the petitioner on the ground that the petitioner is suffering from health ailments.
4. It is the submission of the learned counsel for the petitioner that petitioner/accused No.1 is aged about 60 years and a false case has been registered against him. It is further submitted that chronological actual situations which have been produced, itself clearly go to show that a false case has been registered. It is further submitted that when the petitioner/accused No.1 and the complainant reached to vacant apartment, one Muneer Ahmed along with the petitioner/accused No.1 and two more persons went there. The said apartment was an empty apartment and it is highly impossible that the petitioner accused had sexually assaulted the complainant. It is further submitted that the petitioner/accused No.1 is languishing in jail and he is suffering from health ailments. It is further submitted that he is suffering with acute diabetes and he requires immediate treatment. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.1 on bail.
5. Per contra, learned State Public Prosecutor vehemently argued and submitted that in the statement of the complainant, she has specifically stated that when two persons left the said apartment, the petitioner/accused No.1 ask the complainant to stay for some more time and thereafter sexually assaulted her. The said offence is a heinous offence against a woman. He further submitted that the medical records which have been furnished clearly go to show that the said diabetes is within the normal limits and correlate clinically. It is further submitted that the petitioner/accused No.1 is involved in a serious offence and he is not entitled to be released on bail. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint, there is a serious allegation as against the petitioner/accused No.1 stating that at about 9.30 p.m., the complainant went to see the apartment along with the petitioner/accused No.1 and two more persons. When the said two persons left the said apartment, the petitioner/accused No.1 asked her to stay. Thereafter, at about 9.45 p.m., when no body was there, she was sexually assaulted by the petitioner/accused No.1. Be that as it may, the matter has to be considered and appreciated only at the time of trial. The petitioner/accused No.1 is involved in a serious offence of committing rape of the complainant. Though it is contended by the learned counsel for the petitioner that the petitioner/accused No.1 is suffering from the acute diabetes and he requires immediate medical treatments but the medical records of Apollo Hospitals Pulmonary Function Test Report discloses the fact that the ‘the examination report is within the normal limits and correlate clinically’. In view of the above fact and circumstances, the petitioner/accused No.1 is not entitled to be released on bail on medical grounds also.
Hence, the petition is dismissed.
Sd/- JUDGE KTY