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.8026 OF 2019 BETWEEN:
1. Lakshmikantha, S/o Bhadraiah, Aged about 38 years, Residing at M.Gopalahalli Village, Bidadi Hobli, Ramanagara Taluk, Ramanagara District – 571 511.
2. Ramesh K., S/o Kariyappa, Aged about 39 years, Residing at Annahalli Village, Kailancha Hobli, Ramanagara Taluk, Ramanagara District – 571 511. …Petitioners (By Sri Partha Sarathy M., Advocate) AND:
State of Karnataka, By Harohalli Police Station, Represented by Special Public Prosecutor, High Court Building, Bengaluru – 560 001.
(By Sri. Honappa, HCGP) …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.164/2019 of Harohalli Police Station, Ramanagara District For the offence Punishable under sections 328 and 376 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 petitioners and the learned HCGP for the respondent - State. Perused the records.
2. Petitioners are arraigned as accused Nos. 1 and 2 in Crime No.164/2019 for the offences punishable under Sections 328 and 376 of IPC.
3. One Leelavathi has lodged a complaint on 10.09.2019 stating that she is a married lady blessed with a child. The petitioners herein were the friends of her husband used to visit the house of the complainant. Subsequently even in the absence of her husband they started to visit their house and they were assuring the victim that they will resolve the dispute between the husband and wife and after divorce accused No.1 would marry her. In this back ground, on 9.9.2019 when she had been to the hospital along with her child and while coming back, accused Nos.1 and 2 have offered some juice to her inspite of her reluctance and accused No.1 ravished her on the bike towards Madenahalli Pipeline road and had sexual assault on her and dropped to her house. On the above said allegations, the police are investigating the matter.
4. Learned counsel for the petitioners contended that as accused No.1 has assured the victim to marry her but he married some other girl. Therefore, with vengeance a false case has been foisted against the petitioners. If such allegations are at the stake of her conduct and fidelity, the same has to established during the course of investigation. Therefore, the petitioners are not entitled to be enlarged on bail particularly, under Section 438 of Cr.P.C. As the investigation is at the threshold, the petition is liable to be dismissed.
Accordingly the petition is dismissed.
Sd/- JUDGE Psg*