IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION No.4944 OF 2017 BETWEEN:
SRI. VENU, S/O NAGANNA, AGED ABOUT 22 YEARS, R/OF SATHENAHALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA ROAD, HASSAN TALUK – 573211 HASSAN DISTRICT.
(BY SHRI. CHETHAN B., ADVOCATE) AND:
STATE OF KARNATAKA, ALUR POLICE, HASSAN DISTRICT – 573 213.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560001.
... PETITIONER ... RESPONDENT (BY SHRI. CHETAN DESAI, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 17/2017 OF ALUR P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 418, 306, 376 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner - accused under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent – police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 418, 306 and 376 of the IPC registered in respondent – police station in Crime No.17/2017.
2. Brief facts of the case are as follows:
The father of the victim girl is the complainant, wherein he has stated that his second daughter committed suicide and the petitioner herein is the one who has abetted the commission of suicide of his daughter. His allegation is that on 10.01.2017 he received a call from his daughter wherein she revealed that herself and the petitioner were in love and they had also physical relationship. It is his allegation that when his daughter shifted to Bangalore, the petitioner started blackmailing her on the guise of nude photos. Thereafter, the complainant had brought his daughter back to Alur. But deceased, unable to sustain the torture of the petitioner, committed suicide by hanging. On the basis of the said complaint, a case came to be registered for the aforesaid offences.
3. Heard the arguments of the learned counsel appearing for the petitioner – accused, so also the learned High Court Government Pleader for the respondent – State.
4. The learned counsel made a submission that though she was willing to marry the present petitioner shortly, but noticing the same the complainant herein took her to Bangalore, in order to avoid the said marriage. Therefore, the learned counsel submitted because of that reason she was not able to tolerate the same and hence she committed suicide and the present petitioner never abetted the deceased to commit suicide. He also made a submission that even with regard to the alleged offence of rape is concerned, false allegations are made as against the petitioner herein. Hence he submitted that by imposing reasonable conditions, he may be admitted to anticipatory bail.
5. Per contra, learned HCGP made a submission that looking to the contents of the complaint itself, it goes to show that the daughter called up her father and had told about the harassment made by the present petitioner. It is also contended in the complaint that the present petitioner had taken nude photographs in his mobile phone and he was threatening her that if she did not agree for sexual intercourse, he was going to put it in facebook and whats app. Hence, it is the contention of the learned HCGP, in view of these serious allegations, the mobile phone is to be seized. Hence, it is not a fit case for grant of anticipatory bail.
6. I have perused the grounds urged in the bail petition, FIR, complaint and also the other material produced, so also the order of the learned Sessions Judge rejecting the bail application of the present petitioner.
7. Looking to the very complaint averments, it is seen that her father has mentioned that the sms message sent by the deceased told about the ill- treatment and harassment and the sexual advances made by the present petitioner. The said statement prima facie becomes the oral dying declaration and which is relevant piece of evidence also. Regarding the contention of learned counsel that they were in love with each other, they decided to marry each other and shortly they were going to marry, the father smelling the same took her to Bangalore and because of that reason she was not able to tolerate all these things are concerned, it is a matter of trial. The court has to consider the material placed on record and to decide whether it is a case for grant of anticipatory bail or not. Looking to these material, I am of the opinion that it is not a fit case for grant of anticipatory bail.
Accordingly, the petition is hereby rejected.
Sd/- JUDGE KS