IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4629/2019 BETWEEN:
RAMESH, S/O RANGASWAMY, AGED ABOUT 30 YEARS, SOCIAL WORKER, R/O NEAR BEDARAKANAPPA TEMPLE, KELAGOTE, CHITRADURGA – 577 501.
…PETITIONER (BY SRI. S.G.RAJENDRA REDDY, ADVOCATE) AND:
STATE BY CHITRADURGA WOMEN POLICE STATION, CHITRADURGA DISTRICT, REPRESENTED BY S.P.P, HIGH COURT, BENGALURU – 560 001.
…RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) 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.23/2019 OF WOMEN P.S., CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 376, 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and perused the records.
2. The First Information Report itself discloses that the complainant aged about 26 years who was residing along with her mother received a phone call from unknown number about a month’s back prior to 15.06.2018. Thereafter it is alleged that the petitioner often telephoned to her and in this context it appears friendship developed between the petitioner and the complainant. The said friendship turned to physical contact with each other and in this context she also became pregnant and once it was got aborted. However, it is alleged that she had allowed the petitioner to have physical contact with her on his assurance that he would take care of her and her mother. But the petitioner failed to do so. Therefore, she lodged a complaint on 19.3.2019. In the complaint, various instances have been alleged in between the period from 28.5.2018 to 5.10.2018. Thereafter it appears there was a compromise between the parties and the complainant had received Rs.2,65,000/-. Inspite of that, after long lapse of time, on 19.3.2019, the complaint came to be lodged.
3. Looking to the above facts and circumstances of the case, the prosecution has to prove the case beyond reasonable doubt and it has to be thrashed during the course of trial or during investigation as to whether the complainant was purely a consenting party or simply assurance was made to have sexual intercourse with an intention to exploit her. The facts and circumstances at this stage, in my opinion, is not sufficient to reject the bail petition as prayed for.
4. 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.23/2019 of Women Police Station of Chitradurga District registered against him for the offence punishable under Sections 376 and 506 of IPC., subject to the following conditions:
(i) The petitioner shall surrender himself before the I.O. within ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs. 1,00,000/-(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not indulge in hampering investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the I.O. as and when called for and co-operate with the investigation.
(iv) The petitioner shall not leave the jurisdiction without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE *alb/-.