IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7028/2019 BETWEEN MAHADEVA AGED 42 YEARS S/O. BHOGE GOWDA @ BORE GOWDA R/O. NO. 860, 13TH MAIN, VINAYAKA LAY-OUT NAGARABHAVI II STAGE BENGALURU – 560 072 ... PETITIONER (BY SRI. HANUMAIAH H C., ADVOCATE) AND THE STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.225/2019 OF SUBRAMANYAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 376, 420, 504 AND 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 (A1) and the learned HCGP for the Respondent–State. Perused the records.
2. A case in Crime No. 225/2019 has been registered against the petitioner (A1) for the offence punishable under Sections 376, 420, 504 and 506 r/w.
34 of IPC on the basis of the complaint lodged by one Smt. K. Kirana making allegations that, she has been working as a Software Engineer in M/s. Adobi Systems Pvt. Ltd., Bengaluru City. The petitioner was also working as a Software Engineer. The complainant had married to one Manjunath on 11.12.2002 and they got a male child by name Pratham, aged 14 years. Thereafter, her husband –Manjunath has married some other lady, therefore, divorce took place between the complainant and her husband-Manjunath. Because of her loneliness, the complainant decided to marry again and in this context, the accused-Mahadeva came in contact with her through ‘Jeevan Sathi Matrimonial.
Com’. He was also a divorcee. Therefore, both of them have conversed themselves and decided to marry. In this context, even before marriage, it is alleged that, in April-2014, in spite of her refusal, he wanted to have sexual activity with her and by saying so, he had forcible sexual intercourse with her and thereafter, their friendship developed into physical intimacy on several occasions. With the trust that they are going to marry each other, when the petitioner (A1) pleaded emergency, she has also gave him a total sum of Rs.95,17,636/- up to 2018 on various occasions. Thereafter, some times, they enjoyed the sex with each other, but some time later, the petitioner/accused refused to marry her. It is further alleged that, she came to know that, he got intimacy with various women and he is in the habit of using women for his sexual lust and cheat them and in that context, he persuaded the complainant that he would marry her and developed physical intimacy with her. Therefore, he committed the said alleged offences.
3. Learned counsel for the petitioner has brought to the notice of this court that, the victim lady has executed an affidavit on 09.03.2019 stating that, she has received all the amounts which were paid to the accused by way of loan, by way of deposit to her HDFC Bank Account.
4. Looking to the nature of the allegations and the facts of the case, it is very difficult at this stage to come to a conclusion that there was forcible intercourse between the accused and the victim lady, since there is no material to show, ‘whether she is a consenting party to the alleged sexual contact or not, and as to what transpired between them with regard to the alleged financial transactions’. Therefore, all these aspects have to be established during the course of full-dressed trial.
5. It is submitted that, the petitioner (A1) was arrested and he was in judicial custody. That itself indicates that, he is no more required for further investigation. Hence, considering the above said aspects, I am of the opinion that, the petitioner is entitled to be enlarged on bail with certain conditions. Accordingly, the following order is passed:-
ORDER The Petition is allowed. Consequently, the petitioner (A1)-Mahadeva shall be released on bail in connection with Crime No.225/2019 of Subramanyapura Police Station, Bengaluru, registered against him for the aforesaid offences, now pending before the Court of II ACMM, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his 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 the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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, till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in 15 days between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
Sd/-
JUDGE KGR*