IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5160 OF 2019 BETWEEN:
SRI.MUNIRAJU @ APPI S/O.MUNIVENKATAPPA AGED ABOUT 33 YEARS R/AT.KODIHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 013.
(BY SRI.TOMY SEBASTIAN, SR. ADV., FOR SMT.MELANIESEBASTIAN, ADV.,) AND:
STATE OF KARNATAKA BY THIRUMALASHETTIHALLI POLICE STATION BENGALURU RURAL REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.
... PETITIONER …RESPONDENT (BY SR.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.79/2019 OF THIRUMALASHETTY HALLY P.S., BENGALURU FOR THE OFFENCE P/U/S 376, 420 OF IPC AND SECTION 3 AND 4 OF MTP ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner is the sole accused in Crime No.79/2019 for the offences punishable under Sections 376, 420 of IPC and sections 3 and 4 of the Medical Termination of Pregnancy Act.
2. The brief allegations are that the victim lady who is aged about 26 years lodged a complaint stating that she has been working in the house of one Seema Bassi since 2016. It is stated that she came in contact with the petitioner by means of conversation over phone and also facebook. In this context, they also exchanged messages and started loving with each other. It is further stated that about two years ago i.e., almost in the year 2017 in the month of March, the petitioner took her to Muthyala Pamadu Falls at Anekal and then took a room nearby the town and there assured her that he would marry her by saying so, he committed sexual intercourse on her. Thereafter also, the said physical contact continued and she became pregnant twice. On these grounds, by making her to consume tablets, the pregnancy got aborted. Thereafter, it is stated that again she became pregnant and the petitioner told her to get the child aborted. At that time, she demanded him to marry her, but he refused. Therefore, it appears that a complaint came to be lodged.
3. The above facts and circumstances creates a serious doubt whether both the petitioner and victim girl have joined hands with each other and had physical contact or otherwise, has to be thrashed out during the course of full fledged trial. Therefore, I find no strong reasons to reject the bail application. Accordingly, the petitioner is entitled to be enlarged on bail. Hence, the following:-
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.79/2019 of Thirumalashettihalli Police Station, registered against him for the offences punishable under Sections 376, 420 of IPC and sections 3 and 4 of the Medical Termination of Pregnancy Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.l,00,000/- (Rupees 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 of the Court till the case registered against him is disposed of.
Sd/- JUDGE VMB