IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.5819/2018 BETWEEN:
SRI RAVI S/O RAGHUPATHI AGED ABOUT 26 YEARS MOTHAKAPALLI VILLAGE TAYALUR TALUK:MULBAGIL DISTRICT: KOLAR-563131.
... PETITIONER (BY SRI VEERANNA G TIGADI, ADV.) AND:
STATE OF KARNATAKA REP. BY SUB-INSPECTOR OF POLICE MULBAGIL RURAL POLICE STATION MULBAGIL-563131 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.
... RESPONDENT (BY SRI S T NAIK, HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2018 (S.C.NO.68/2018) OF MULBAGAL RURAL P.S., KOLAR DISTRICT FOR THE OFFENCE P/U/S 376 OF IPC AND SECTION 6 OF POSCO ACT. AND ETC.
THIS CRL.P. COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri Veeranna G. Tigadi, learned Advocate for the petitioner and Sri S.T. Naik, learned High Court Government Pleader for the respondent – State.
2. Petitioner is accused of offences punishable under Section 376 of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012. Petitioner was arrested during the course of investigation pursuant to a complaint given by one Lakshmi Devamma on 28.01.2018 alleging commission of offence by petitioner on 27.01.2018. The investigation is complete and police have filed charge-sheet.
3. Sri Veeranna G. Tigadi, learned Advocate agrued in support of this petition and contended that complaint has been lodged after lapse of more than 24 hours. The Medical Certificate issued by the Medical Officer of District Hospital, Kolar, records that hymen of the victim was intact and there was no fresh injury or bleeding. Petitioner ekes out his livelihood as a shepherd. A false complaint has been foisted against the petitioner due to inimical disposition between the families of petitioner and the complainant. Petitioner has been in custody in for more than one year. Therefore, he prays that petitioner may be enlarged on bail.
4. Sri. S.T. Naik, learned High Court Government Pleader appearing for the respondent – State opposed this petition.
5. I have carefully considered the rival contentions and perused the records.
6. Complaint is lodged on 28.01.2018 and FIR No.34/2018 has been registered in Mulbagal Police Station on 28.01.2018 at 22.00 hours alleging that the offence had taken place on 27.01.2018 at about 18.30 hours. Medical Certificate issued by the Medical Officer shows that the hymen of the victim is intact and there are no fresh injuries. Petitioner is aged 26 years and he is in custody for more than one year.
7. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) Petitioner shall be released on bail upon his executing a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall not tamper with the evidence;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(iv) Petitioner shall not involve himself in any criminal activities; and (v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE NG*