IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3573/2019 Between:
Chandrashekhar, S/o.Muddhi Chowdaiah, Aged about 47 years, R/o.Kadukothanahalli Village, C.A.Kere Hobli, Maddur Taluk, Mandya District-571 430. ... Petitioner (By Miss.Raksha Keerthana.K, Advocate) And:
State of Karnataka, By K.M.Doddi Police Station, Rep. by its Public Prosecutor, High Court Complex, Bengaluru-560 001. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed u/s.438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.85/2019 of K.M.Doddi P.S., Mandya for the offence p/u/s 420, 417, 376, 323 and 506 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on anticipatory bail in the event of his arrest with respect to the proceedings initiated in Crime No.85/2019 for the offences punishable under Sections 420, 417, 376, 323 and 506 read with Section 34 of IPC.
2. The case of the prosecution is that complaint was given by the victim on 10.04.2019 stating that accused No.1 (petitioner No.1 herein) on the pretext of contracting a marriage with the complainant had visited the complainant’s village and expressed the intention to marry. It is stated that subsequently the petitioner and the victim met on 10.10.2017. Petitioner No.1 had taken the victim to his house stating that he would marry her and had forcible sexual intercourse with her. It is further stated that subsequently the relationship continued and the petitioner reneged from his promise to marry and started making demands for dowry as a precondition for marrying. It is further stated that petitioner had married another lady on 27.01.2019. Accordingly, complaint was lodged, FIR was registered and the investigation is in progress.
3. Learned counsel for the petitioner submits that admittedly there was intimacy between the petitioner and the victim and the alleged offences are stated to have occurred on 10.10.2017 and belatedly complaint was filed on 10.04.2019. It is however submitted that on an earlier occasion the petitioner had lodged a complaint on 13.11.2017 seeking for necessary protection against the harassment by the complainant. Hence, it is contended in light of the facts made above, the question as to whether there was a promise to marry and on the basis of such promise there was a forcible sexual intercourse with the victim, is a matter to be proved during the trial and the petitioner is entitled to be enlarged on bail with necessary direction to the petitioner to co-operate in the investigation.
5. Learned High Court Government Pleader, however, submits that the complaint explains the reasons for delay and states that mere delay in the context of nature of the offence would not be fatal. It is further submitted that custodial interrogation is required for the purposes of recovery as may be necessary and for further investigation.
6. It is to be noted that the alleged incident of forcible sexual intercourse is stated to have occurred on 10.10.2017. The complaint is filed on 10.04.2019. There was a reference to the petitioner having approached the Police authority for seeking necessary protection and had lodged a complaint on 13.11.2017.
7. Taking note of the facts, it is to be noted that the question as to proof of offence including breach of promise of marriage and act of sexual assault is a matter to be proved during the trial. However, the respondent authority is permitted to take the petitioner into custody for the limited purpose of recovery as contemplated under Section 27 of the Evidence Act, 1872. Accordingly, the petitioner has made out a case to be and enlarged on anticipatory bail.
8. In the result, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.85/2019 for the offences punishable under Sections 420, 417, 376, 323 and 506 read with 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.85/2019 within 15 days from today and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities henceforth.
(iii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iv) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(i) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE KA