IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1682 OF 2019 BETWEEN:
SRI MURALI S/O NARAYANAPPA AGED ABOUT 26 YEARS R/IN FRONT OF MOTHI NAGAR MALABAR MASJID, NEAR MARKET BENGALURU – 560 002 ...PETITIONER (BY SRI M.R.NANJUNDA GOWDA, ADVOCATE) AND:
THE STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 ...RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.368/2016 (S.C.NO.448/2017) OF PARAPPANA AGRAHARA POLICE STATION, BENGALURU, FOR THE OFFENCE P/U/S 450, 341, 323, 397, 376, 506(b), 176 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned Counsel for petitioner and learned Additional S.P.P. for respondent. Perused the records.
2. A charge sheet is filed against the petitioner under Sections 450, 341, 323, 397, 376, 506B and 176 of IPC.
3. Case of the prosecution is that, on 25.08.2016 at about 2.00 a.m., when the victim/complainant was sleeping in Ladies P.G. keeping open the door, the petitioner herein/accused trespassed into the room and demanded the complainant to part with money and when she told that she has only `200/- with her, he dragged her near bathroom and locked the door and thereafter by keeping a knife at her neck, he dragged her near cot, undressed her and committed forcible rape on her.
4. Learned Counsel for petitioner submits that though the incident is said to have been taken place on 25.08.2016, complaint was lodged only on 27.08.2016. During her examination before the Medical Officer, she named one Uday and hence the prosecution of the petitioner is false, baseless and abuse of process of court.
5. On going through the charge sheet and the documents collected by the investigating agency, it is seen that the petitioner has been identified by the victim. She has narrated the sequence of events taken place in the room. The torch and knife used for the commission of offence has been recovered at the instance of the petitioner. The medical report as well as the FSL report are in conformity with the case of the prosecution.
6. Having regard to the nature of offence and the manner in which the petitioner has committed the above offence, I do not find it appropriate to enlarge the petitioner on bail in the instant case. If the petitioner is enlarged on bail, there is every likelihood of petitioner either threatening the prosecutrix or tampering with the evidence. As a result, petition is dismissed.
Sd/- JUDGE KNM/-