IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6230/2017 BETWEEN:
SRI SATISH K AGED ABOUT 37 YEARS S/O KUPPA SUVARNA R/AT “GREEN KOT HOUSE” YELINJE POST IKALA VILLAGE MANGALORE TALUK-576 100. ... PETITIONER (BY SRI U S YOGESH KUMAR, ADV.,) AND:
THE STATE OF KARNATAKA REPRESENTED BY THE KARAKALA RURAL POLICE STATION UDUPI DISTRICT-576 105.
REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE-560 001. ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.145/2017 OF KARKALA RURAL POLICE STATION, UDUPI, FOR THE OFFENCE P/U/S 417, 376 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 417 and 376 of IPC, registered in respondent – police station Crime No.145/2017.
2. Brief facts of the prosecution case that one Kum.Sujatha lodged the complaint, wherein she has alleged that she is working in cashewnut factory at Manjarapalke. During the month of February, 2017, she received a missed call from accused, who is working as tipper lorry driver. Thereafter, he developed intimacy with the complainant and promised to marry her. One day, when she was at home, he forced to meet him. Thus, at his request she met him at Belman Sri Durga Parameshwari Temple on March 7th and he took her to nearby forest and had sexual intercourse with her inspite of her protest, with the guise of marry her. In the same way, he had sexual intercourse repeatedly on several occasions. Thereafter, she found changes in her physical development. She informed the said fact to the petitioner. On the contrary, he told her that he is already married and cannot marry her. He told her to remove pregnancy. On the basis of the said complaint, case came to be registered as against the petitioner for the said offence.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. The complaint averments shows that as the complainant accompanied the petitioner to the place and the further averments that at the said place he had the sexual intercourse with her in spite of her protest. But it is mentioned in the complaint itself that there are several such sexual intercourse took place in between the complainant and the petitioner. Her age is mentioned as 27 years and ultimately she was carrying pregnancy and when she requested the petitioner, he refused to marry her on the ground that he is already married. All these materials placed on record prima- facie shows that even if there is sexual intercourse between the complainant and the petitioner, the said act is consensual in nature. The petitioner has contended in the petition that he is innocent and not committed the alleged offence, he has been falsely implicated in the case and he has also undertaken to abide by any conditions to be imposed by this Court. Now the investigation is completed and charge sheet has been filed. Hence, by imposing reasonable conditions, petitioner may be enlarged on bail.
6. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail of the offence punishable under Sections 417 and 376 of IPC, registered in respondent – police station Crime No.145/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
BSR Sd/- JUDGE