IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7768/2019 BETWEEN:
VISHNUVARDHAN S., S/O. V. SELVAKUMAR, AGED ABOUT 27 YEARS, R/AT NO.C/O. SLV GENTS PG, BEHIND SYSCO COMPANY, PANATHUR, BENGALURU-560 037. ... PETITIONER [BY SRI. AJAY KUMAR, ADVOCATE FOR SRI. B.RAVINDRA, ADVOCATE] AND:
THE STATE OF KARNATAKA, BY MARATHAHALLI POLICE STATION, REP. BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT [BY SRI.HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.381/2019 OF MARATHAHALLI P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 417, 420, 376 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Crime No.381/2019 [C.C. No.57916/2019] of Marathahalli P.S., for the offence under Sections 376, 417 and 420 of IPC on the file of 43rd Additional C.M.M. Court, Mayohall, Bengaluru City.
3. The brief factual matrix of the case are that;
The complainant is aged about 27 years and a Software Engineer. She filed a complaint stating that in December 2013, while she was working in Q Way Technology Company, at that time, she came in contact with the petitioner, who proposed her stating that he fell in love with the complainant. Thereafter, from 2014 they started loving each other on the assurance that the petitioner would marry her. In the year 2016, when the parents of the complainant were not in the house, the petitioner came there and on that particular day he had sexual intercourse with the complainant. Again in the year 2017, they went one week trip to Munnar, Athirapally and other places and thereafter went to Goa. During that time, they had physical contacts with each other. Thereafter, in the year 2018 the family members of the petitioners have accepted the complainant as their daughter-in-law. However, thereafter, the petitioner refused to marry her on the ground that they belonged to different cast. Therefore, it appears that the complaint came to be lodged.
4. Looking to the age of the victim girl, her education and being a Software Engineer working in a Software Company, she must know the consequences of their act. Whether it is purely a consensual sex or only on the basis of such assurance by the petitioner, the complainant surrendered herself to him or not has to be thrashed out during the course of full fledged trial. Whether mere refusal to marry also amounts to rape has also to be thrashed out during the course of full fledged trial. From the aforesaid facts, it is seen that the petitioner has already arrested and presently he is in judicial custody and he is no more required for investigation. In view of the above said facts, the petitioner herein is entitled to be enlarged on bail on conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.381/2019 [C.C. No.57916/2019] of Marathahalli P.S., for the offence under Sections 376, 417 and 420 of IPC on the file of 43rd Additional C.M.M. Court, Mayohall, Bengaluru City 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 likesum 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 off.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Ksm*