IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8076 OF 2019 BETWEEN:
SRI. SANTHOSHA S/O THIPPESWAMY AGED ABOUT 30 YEARS R/OF. NAGENAHALLI VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-577501.
(BY SRI. N. PRAVEEN KUMAR, ADV.) AND:
STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER HOSADURGA POLICE STATION CHITRADURGA-577501 REP. BY SPP HIGH COURT OF KARNATAKA, BENGALURU.
(BY SRI. ROHIT B.J. HCGP) - - -
… PETITIONER … RESPONDENT This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on Bail in the event of his arrest in Cr.No.358/2019 of Hosadurga P.S. Chitradurga for the offence P/U/S 341, 354, 354A, 354B, 506 of IPC.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. The petitioner is the sole accused in Crime No.358/2019 on the file of the respondent police for the offence under Sections 341, 354, 354(A), 354(B) and 506 of IPC.
3. The brief facts of the case are that the victim lady aged about 20 years, resident of Nagenahalli Village, Hosadurga Taluk lodged a complaint stating that she was given in marriage to Srinivas about 2 years ago. They were blessed with a male child. That on 24.09.2019, when she had been to attend nature call, at that time, the accused followed her and attempted to commit rape on her. By seeing a person by name Shivanna coming in that direction, the accused ran away from the spot. Thereafter, no complaint was lodged for a period of 2 days on the guise that they themselves can solve the problem by advising the petitioner. On 26.09.2019 at about 5.30 p.m., a complaint was lodged. There is a delay of 2 days and particularly it has to be established that he has already made an attempt to commit rape on her or not.
4. Under the above said facts and circumstances, considering the nature of allegations, age of the victim girl as well as the circumstances, in my opinion, at this stage, the petitioner is entitled to be enlarged on bail with certain stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.358/2019 of Hosadurga Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.50,000/- with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every 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 RV