IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6955/2019 BETWEEN:
Thrilok Chandar @ Thrilok, S/o. Srinivas Kola, Aged about 29 years, Presently R/at No.310, Rain Tree Abode Apartment, Lingapalli, Hyderabad Native of No.1-139/6, Muthuinagara, Thiruchanur, Thirupathi, Chittor District, Andhra Pradesh-502 503.
…Petitioner (By Sri. Elangovan K, Advocate) AND:
1. The State of Karnataka By S.H.O, Marathahalli Police Station, Represented by S.P.P, High Court of Karnataka, Bengaluru City-560 037.
2. Smt. Geethanjali R, D/o. R.P. Raju, Aged about 27 years, Sri Krishna Temple Road, Garudacharpalya, Bengaluru-560 048.
... Respondents (By Sri. Rohith B.J., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.321/2019 of Marathahalli police Station, Bengaluru city for the offence punishable under Sections 417, 376 of IPC and Section 3(1) (w) (i) (ii), 3 (1) (r) (s), 3(2) (v) of SC/ST (POA) Act.
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 learned HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Cr.No.321/2019 of Marathahalli police Station, Bengaluru city for the offence punishable under Sections 417, 376, of IPC and Section 3(1) (w) (i) (ii), 3 (1) (r) (s), 3(2) (v) of SC/ST (POA) Act.
3. The brief facts of the case are that the complainant by name Geethanjali R who is aged about 27 years came in contact with the petitioner in the year 2018 of March. Earlier, they were talking over phone and developed close intimacy with each other. Thereafter, the petitioner went to the house of complainant their marriage proposal and the parents of the complainant accepted the same. Later, the petitioner and complainant started wandering together to various places and on the persuasion of the petitioner that he would marry her, they had physical contact with each other for more than one and half years. In fact, the petitioner had promised the complainant that after the marriage of his sister, he would marry her. But later he did not stand on his promise and denied to marry the complainant. Therefore, the complaint came to be lodged after getting lapse of one and half years making such allegations.
4. Looking to the above said facts and circumstances of the case, during the course of evidence, it is to be established that whether the complainant is a consenting party or only on the basis of false assurance, she surrendered herself to the lust of the petitioner. However, the petitioner and the complainant were going together to various places for more than one and half years and had physical contact with each other, in my opinion, the petitioner is entitled to be enlarged on bail, particularly, under Section 439 of Cr.P.C., as the petitioner has already been nabbed by the respondent police, presently, he is in judicial custody. Therefore, his presence is not required for further investigation. Learned HCGP and learned counsel for the petitioner submit that charge sheet has been filed. Therefore, the petition deserves to be allowed. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Cr.No.321/2019 of Marathahalli police Station, Bengaluru city subject to the following conditions:
i. The petitioner shall execute a 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 indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the 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 of the court till the case registered against him is disposed of.
Sd/- JUDGE JS/-