IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7647 OF 2018 BETWEEN:
Vanaraja, S/o.Ganga Honnaiah, Aged about 38 years, R/at Kodihalli Village, Rudigere Hobli, Tumkur District, Pin-572 104. ...Petitioner (By Sri. B.Roopesha, Adv.,) AND:
State by Hassan Women Police Station-573 201, Rep. by Special Public Prosecutor, High Court, Bengaluru-560 001. ... Respondent (By Sri.M.Divakar Maddur, 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.55/2018 of Hassan Women Police Station, Hassan District for the offence p/u/s 376, 417, 384, 420, 323, 504, 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the accused- petitioner under Section 438 of Cr.P.C., praying to release him on anticipatory bail in the event of his arrest by Hassan Women Police Station for the offences punishable under Section 376, 417, 384, 420, 323, 504 and 506 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that the complainant married and be-gotten one baby. About one year back, her husband expired in an accident and thereafter she came in contact with the petitioner- accused. By giving false assurance that he will marry her and he is unmarried and made her to believe and took her to various places. Thereafter by taking a rented house there they lived as a husband and wife. It is further stated that petitioner-accused has taken complainant’s ornaments and pledged in the name of Srinivasa, who is the friend of the petitioner. After spending the said amount, he started ill-treating and harassing and abusing the complainant in filthy language and even he gave threat to her life. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the accused-petitioner and the complainant were loving each other and thereafter they got married and living. Petitioner got married the complainant after informing all the facts and he neither cheated nor abused sexually. He further submitted that the statement recorded by the police on 19.02.2018, clearly goes to show that there was no such harassment caused to the complainant and she herself has voluntarily gone along with the petitioner-accused. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by the conditions that may be imposed by this Court and ready to offer sureties. On these grounds he prayed to allow the petition and to release the accused on bail.
5. Per contra the High Court Government Pleader vehemently argued and submitted that the petitioner-accused, though he got married, pretending that he has not married, cheated the complainant. Believing the assurance of the accused/petitioner she has also given the gold articles and thereafter she has been ill-treated and even threatened with her life. If the petitioner is granted anticipatory bail he may not be available for the purpose of investigation and interrogation. If anticipatory bail is granted he may threaten the complainant. He is a Police constable. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for the parties and perused the records.
7. Though in the complaint and in the FIR the offence under Section 376 has been stated, but the statement of the victim recorded on 19.02.2018, clearly goes to show that the complainant and the accused have lived together and with the permission of the elders they went and thereafter they stayed in a rented house for two months and later they came to Bangalore and started living at Bengaluru in a rented house. All these facts clearly go to show that the complainant herself has went along with the petitioner-accused and staying with him. Under such circumstances, the provisions of Section 376 of IPC do not attract. In so far as the other offences are concerned, which have to be appreciated only at the time of the trial whether the petitioner/accused suppressed the fact of earlier marriage and with an intention to cheat, took the gold articles and other articles.
8. In the light of discussion held by me above, the alleged offences are not punishable with death or imprisonment for life. Accused-petitioner is working as a police constable and there is no chance of flying away from the justice. In that light, the petition is allowed. The petitioner-accused is ordered to be released on bail, in the event of his arrest in Crime No. 55/2018 by Hassan Women Police Station for the offences punishable under Sections 376, 417, 384, 420, 323, 504, 506 of IPC with the following conditions:
(1) He shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court.
(2) He shall surrender before the Investigating Officer within 15 days from today.
(3) He shall not tamper with the prosecution evidence and threaten the complainant. If he threatens the complainant she can move the cancellation bail with prior permission.
(4) He shall mark his attendance once in 15 days till the charge sheet is filed.
Sd/- JUDGE BVK