IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 5072/2017 Between:
Suresha @ Surendrappa S/o Kivudara Thippaiah Aged about 30 years Occ: Car Driver R/o Chikkappanahali Chitradurga Taluk & District. 577 501.
…Petitioner (By Sri. Dinesh Kumar K Rao, Advocate for Sri. R.B. Deshpande, Advocate) And The State of Karnataka By Turuvanuru Police Station Chitradurga District.
Represented by State Public Prosecution High Court Buildings Bengaluru – 570 001. …Respondent (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.68/2017 of Turuvanuru Police Station, Chitradugra District for the offences p/u/s 376, 354, 506 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.
2. The petitioner is in judicial custody since 23.04.2017 in Crime No.68/2017. During the pendency of this petition, chargesheet is submitted against him in respect of offences punishable under Sections 344, 376, 354 and 506 of IPC.
3. The allegation is, the petitioner abducted the victim in a car to Bengaluru, illegally confined her in a room and committed rape on her against her will; threatened her with dire consequences, if she discloses the matter; however, the victim escaped and she is married to another person on 28.03.2017, when the victim had been to nearby agricultural land to attend nature’s call, the petitioner man-handled her and molested her, etc.
4. Perused the prosecution papers and also statement of the victim girl under section 164 of Cr.P.C. Since, the chargesheet is submitted, the petitioner has not shown to have similar pattern of criminal antecedents. There is no impediment to allow the petition.
Petition is allowed. Petitioner is enlarged on bail in connection with Crime No.68/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not threaten or approach the victim directly or telephonically;
(iv) He shall not indulge himself in any criminal activities.
Sd/- JUDGE DL