IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8260 OF 2019 BETWEEN:
VIGNESHWAR, S/O RAJENDRA, AGED ABOUT 22 YEARS, R/AT NO.11/1, PIPELINE, SRINAGAR, BENGALURU, PIN-560050.
...PETITIONER (BY SRI JAGADEESH M G, ADVOCATE) AND:
THE STATE OF KARNATAKA BY BHARATHINAGAR POLICE STATION, BENGALURU.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.101/2019 OF BHARATHI NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 376 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.101/2019 of Bharathi Nagar police station, Bengaluru City, for the offence punishable under Sections 376 and 420 of IPC.
3. The brief facts of the case as per the complaint averments are that the complainant is basically from Kanyakumari working in the company called AEGIS. Petitioner-accused was also working in the said company and since two years they have developed intimacy and started loving each other. On many occasions they went to different places, particularly in the month of July, they went to Mysuru and stayed in the hotel for two nights. It is alleged that during that time, the petitioner had forcible sexual intercourse with her. The said physical contact between the parties is entered on the assurance of marriage by the petitioner. It is alleged that later the petitioner refused to marry her. Therefore, a complaint came to be lodged.
4. On plain reading of the complaint creates a serious doubt whether there was a forcible physical contact or consent was taken or it was due to infatuation or love affair they jointed hands with each other, the same has to be thrashed out during the course of full dressed trial.
5. Considering the age of the victim as well as the petitioner, the facts and circumstances and as the accused has already been arrested and he has been in judicial custody and it is submitted that charge sheet has already filed, in my opinion the petitioner is entitled to be enlarged on bail as prayed for. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with Crime No.101/2019 of Bharathi Nagar Police Station, registered for the alleged offence, subject to the following conditions:
(i) The petitioner 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 jurisdictional court.
(ii) The petitioner shall not tamper with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE BSR