IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.5105/2019 BETWEEN:
NABEEL, S/O LATE AHMED BAKSHI, AGED ABOUT 32 YEARS R/AT NO.310, 8TH MAIN, 1ST BLOCK, KALYANAGAR, BENGALURU-560 043.
... PETITIONER (BY SRI MUZAFFAR AHMED, ADVOCATE) AND:
THE STATE REPRESENTED BY MICO LAYOUT P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001.
... RESPONDENT (BY SRI K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITINOER ON BAIL IN CR.NO.121/2019 OF MICO LAYOUT P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 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 petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The brief facts of the case on hand are that the complainant – victim came to Bengaluru on 1.6.2019 for the purpose of internship and she was residing in BTM Extension. On 10.6.2019, the complainant and the petitioner had been to Airport and they had panipuri and beer together. It is alleged that while coming back in the car, the petitioner forced her for sexual favours. As she refused, he forcibly took her to his house in Kalyannagar and forcibly ravished her without her consent and against her will, on the basis of which, a case has been registered against the petitioner in Crime No.121/2019 for the offence under Section 376 of IPC.
3. The learned counsel for the petitioner submitted that it may be consensual sex between the parties.
4. At this stage, it cannot be, in all certainties, said that it was against her will or against her consent. The matter is still under investigation. The police have to collect the medical evidence, record the statement of the witnesses and collect the materials with regard to the history of the case, background of the victim as well as the accused. No other materials are available at this stage except the first information report. Under the above said circumstance, at the stage when the victim has categorically stated that the petitioner had sexual act against her will, there is no reason to overcome the said version of the victim, at this stage.
5. Therefore, in the above circumstance, I do not find any strong reasons, particularly at this stage, to release the petitioner on bail. Hence, the petition is devoid of merits and the same is liable to be dismissed. Accordingly, it is dismissed.
Sd/- JUDGE MD