IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8060 OF 2019 Between:
Sri Rakesh Kumar S/o late Chandra Seelan Aged about 40 years R/at Door No.452 E.T. Block Oorgaum Post KGF 563 120 …Petitioner (by Shri S. Balakrishnan, Advocate) And:
State of Karnataka by Andersonpet Police KGF, Kolar District Represented by Special Public Prosecutor High Court Building Bangalore – 560 001 (by Shri Honnappa, HCGP) …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.81 of 2019 of Andersonpet Police Station, KGF for the offence punishable under Section 323, 376, 420, 504 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State. Perused the records.
2. The complainant, who is aged 30 years, has lodged a complaint on 26th October, 2019 making allegation that she was married to one Anil Chandrakumar in the year 2011 and they were blessed with one girl child. There was some difference between the husband and wife and they took divorce on 18th October, 2016. Thereafter, she came to Bharatipura and started residing there. The complainant joined Next Transport Company and was working there. Everyday, she was travelling from Bangalore to KGF by train. In the year 2016, the petitioner met her and told that he was also not happy with his wife and they have filed a petition for divorce and he persuaded her that he would look after her and her child with all love and affection and persuaded her to marry him. Accordingly they married each other in Lakshmimurthy Nagar in Manjushree building and thereafter started living together as husband and wife. In fact, thereafter, the accused no.1, his brother-in-law and sister had been to the complainant’s house for the purpose of asking to perform the marriage in a religious manner. In the meantime, the accused, without her consent, has committed sexual intercourse with her, therefore, she became pregnant and thereafter he did not contact her. On the above said grounds, the police have registered a case in Crime No.81 of 2019 for the offences punishable under Sections 323, 376, 420, 504 of Indian Penal Code. The complaint averments itself disclose that they were already married to each other, whatever be the mode, and therefore entered into physical contact. It is doubtful whether offence under Section 376 attracts or not. Other offences are not punishable either with death of imprisonment for life. Petitioner had already been arrested and he has been sent to judicial custody and that indicates that he is no more required for any further investigation.
3. Looking to the nature of allegations and the facts and circumstances of the case, in my opinion, the petitioner is entitled to be enlarged on bail. Hence the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.81 of 2019 of Andersonpet Police Station, KGF for the offence punishable under Sections 323, 376, 420 and 504 of the Indian Penal Code, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) bond with two solvent sureties 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 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 fifteen days, i.e. on any Sunday between 10.00 am and 5.00 pm before the Investigating Officer for a period of two months or till the charge-sheet is filed, whichever is earlier.
Sd/- JUDGE lnn