IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25Th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7713/2019 BETWEEN:
VASANTH RAJ @ VASANTH KUMAR S/O TANGARASU AGED ABOUT 27 YEARS R/A NO.7/120, MIDDLE STREET SAINDURAI, ARIYALURU DISTRICT TAMIL NADU – 621 704. … PETITIONER (BY SRI.ANEES ALI KHAN, ADV.) AND:
STATE BY BANASWADI P.S. BANGALROE – 560043 REPRESENTED BY:
THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BANGALORE – 560 001. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.494/2019 OF BANASWADI POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376 IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard and perused the records.
2. Petitioner is the sole accused charge sheeted in C.C.No.57695/2019 arising out of Crime No.494/2019 of Banaswadi Police Station pending on the file of XI ACMM, Mayohall, Bengaluru for the offence under Section 376 of Indian Penal Code.
3. The victim is aged about 23 years. The statement of the victim under Section 164 and the entire charge sheet papers reveal that victim studied engineering in the year 2017. When she was studying engineering, she came in contact with the petitioner through Face Book. They were chatting with each other in the Face Book and they were in love with each other. At the earliest point of time, the accused/petitioner was pretending as if he was a very good person. Thereafter, he started to be indecent with the complainant and she started keeping distance from him.
Inspite of that he was threatening her that he would release the photographs sent by her to the social media. In this context, the parents of the victim secured the presence of the petitioner and told him to marry her if he wants her otherwise, not to give her ill treatment. Then, he told that he require some time to forget her from his mind. In this context, it is further alleged that inspite of the above he was threatening her with dire consequences of releasing her photographs in the social media. In omnibus statement, she has also stated that on various occasions he has also used her sexually. Therefore, inevitably she has lodged a complaint before the police.
4. In the above said facts and circumstances, it creates a doubt whether actually due to persuasion she joined hands with the petitioner or there was any real forceful sexual assault on her in order to attract Section 376 or whether he actually cheated her at any point of time or initially, he had any intention of cheating her, all these things have to be established during the course of full dressed trial. In view of the above said facts and circumstances, I am of the opinion that the petitioner has made out a case for grant of bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.494/2019 of Banaswadi Police Station (C.C. No.57695/2019) on the file of XI ACMM, Mayohall, Bengaluru registered for the offence punishable under Section 376 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with Two sureties 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 brn