IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5970/2017 BETWEEN:
Syed Salman S/o Nawaz Aged about 30 years R/at Tank Garden Someshwaranagar Jayanagar, 1st Block Bangalore-560 011. ... PETITIONER (By Sri Srinivasa M G, Adv.) AND:
State by Siddapura Police Station Bangalore City Represented by the State Public Prosecutor High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.108/2016 of Siddapura P.S., Bengaluru City and S.C.No.1159/2016 pending on the file of the LIII Additional City Civil and Sessions Judge, Bengaluru, for the offences P/U/Ss 506, 504, 376, 323, 342 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 506, 504, 324, 323, 342 and 376 of IPC and after investigation charge sheet came to be filed for the offences punishable under Sections 506, 504, 376, 323 and 342 of IPC registered in respondent – police station Crime No.108/2016.
2. The case of the prosecution is, victim Asmabegam is the complainant in this case. She has stated that she is residing along with her children and as her husband is convicted in a criminal case he is in the prison. The petitioner being the friend of the complainant’s husband used to carry food from the house of the complainant to the jail premise. Further allegation is that the petitioner herein started questioning the complainant with as to with whom she is having illicit connection and that he is having information of the same and in that connection he used to give ill-treatment to her. It is further alleged that on 2.5.2016 petitioner held the hand of the complainant, removed her clothes and even though she told that she is having monthly period, he inserted a apple juice bottle to her private part 3-4 times. Thereafter, he assaulted her with a bat on the stomach, right hand, on the face and was giving ill-treatment. On 3.5.2016, he confined her and her children in the house and shown knife stating that he will cut her into 200 pieces. He used to show blue films through internet and abused her in filthy language. That on 4.5.2016 at about 5.30 p.m. she took mobile phone of the petitioner and informed one Hasina Taj, her sister-in-law about the ill-
treatment given by the petitioner. The said Hasina Taj came to the house in the evening and took the complainant out of the said house and thereafter, she lodged the complaint.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. Looking to the complaint averments it is seen that there is no allegation of sexual intercourse with the complainant by the petitioner. But however, the allegations are that some apple juice bottle was inserted to her private part by the petitioner 3-4 times and he was also showing blue film and threatening her by wrongly confining the complainant and her children in the house. According to the complaint, the harassment went on for 2-3 days and even then there was no information given to either the neighbours or anybody about the same.
5. I have also perused the medical records. The doctor who conducted examination of the complainant has stated that there are no external injuries on the genitals. However, the learned High Court Government Pleader has referred to the medical records and submitted that the doctor has opined that there are signs of recent sexual intercourse. But as observed above, in the complaint averments, there are no allegations of sexual intercourse by the petitioner. Even though it is stated that petitioner has inserted juice bottle into the private part of the complainant, as per the medical records there are no injuries.
6. The petitioner has contended in the petition that he is innocent and not committed the alleged offences and that there is a false implication. He has undertaken to abide by any conditions to be imposed by this Court. Now the investigation is completed and chargesheet is also filed. The alleged offences are also not exclusive punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with bail.
7. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 506, 504, 376, 323 and 342 of IPC registered in respondent – police station Crime No.108/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp