IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8017/2019 BETWEEN ANSAR B. @ ANSAR TAJ S/O. BADRUDDIN AGED 31 YEARS R/AT. ASHIYA COTTAGE OPP: TO BELTHANGADI TRAFFIC POLICE STATION, LAYILA BELTHANGADI DAKSHINA KANNADA DIST- 574 214 ... PETITIONER (BY SRI. BABAJAN S.P, ADVOCATE) AND THE STATE OF KARNATAKA BY HEBBAL POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.165/2019 OF HEBBAL POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss.354-C, 506, 376 AND 384 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 the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is the sole accused, against whom FIR is registered in Crime No.165/2019 for the offence punishable under Section 354 (C), 506, 376 and 384 of IPC.
3. The victim lady has lodged a complaint on 18.09.2019 making allegations that, the petitioner is none other than a friend of her husband and they had been to the house of the petitioner on 04.05.2019 and stayed there for two days. At that time, it is alleged that the petitioner has taken her nude photos when she was taking bath in bath room and thereafter, he started demanding Rs.10,00,000/-. Somehow she adjusted Rs.4,00,000/- and paid to him. Still he was persisting her to pay the remaining amount of Rs.6,00,000/-. In that context, it is alleged that on 18.05.2019 at 2.30 p.m., he came to the house of the complainant and threatened her with dire consequences to release the scenes of bath in the social media and also he abused and assaulted and also committed rape on her. Apart from that, he has also told her that, he would reveal about her bathroom photos to her husband then her husband would divorce her and throw her out from the matrimonial house. Thereafter, on 17.09.2019, he forced her through WhatsApp to go over to him and pay another sum of Rs.10,00,000/- etc.
4. The learned counsel submitted that there is a long delay in lodging the complaint. The incident has occurred on 18.05.2019 and the complaint was lodged on 18.09.2019.
5. On perusal of the contents of the complaint, it reveals that, the allegations starts from 18.05.2019 and it is not only pertains to that particular day, but it continues till 17.09.2019, and since 17.09.2019 through WhatsApp, he demanded a sum of Rs.10,00,000/- otherwise, he would show the bathroom scene photos to her husband.
6. It is submitted by the learned HCGP that, the investigation is not yet completed. Actually, the police are still investigating the matter to ascertain the background and previous antecedents of the petitioner. Learned HCGP Medical Examination report is yet to be received and the FSL report with regard to the photographs and video graphs are also to be secured by the Investigating Agency.
7. In the above said facts and circumstances, when serious allegations are made with regard to extortion of Rs.4,00,000/- and also demand of Rs.6,00,000/- and further serious allegations of a married lady with regard to rape, I am of the opinion that, at this stage, the petitioner is not entitled to be enlarged on bail. However, liberty is granted to the petitioner to approach the concerned court, after completion of investigation and after filing of the final report by the respondent-police.
KGR* Sd/-
JUDGE