IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON'BLE Dr.JUSTICE H B PRABHAKARA SASTRY CRIMINAL PETITION No.1724/2019 BETWEEN:
VISWANATHA S/O. BASAVARAJAPPA AGED ABOUT 46 YEARS R/O. LINGADAVEERANAHALLI HOLAVANAHALLI HOBLI KORATAGERE TALUK [NOW WORKING AS FDA AT COURT OF SENIOR CIVIL JUDGE, K.G.F.] TUMKUR DISTRICT – 562 111 ... PETITIONER (BY SRI. SUBHASH CHANDRA BOSE, ADVOCATE) AND:
STATE OF KARNATAKA BY AMRUTHUR POLICE STATION BENGALURU – 572 111 REP. BY:-
THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING, BANGALORE – 560 001 …RESPONDENT (BY SRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.PC. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.15/2019 OF AMRUTHUR POLICE STATION, TUMAKURU FOR THE OFFENCES P/U/S. 376 AND 417 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard both sides on the petition.
2. The present petitioner who is Accused in the alleged crime is alleged to have committed rape on 70% blind girl when she is said to have been brought to him for premarital introduction. The accused is said to be an employee in judicial Court at K.G.F. and working as First Division Assistant. The complaint further alleges that even after alleged offence which is said to have taken place on 24.08.2018, the alleged victim and the people from her side are said to have approached the accused on several dates only to request him to marry the said girl, but the accused went on postponing the matter by giving false promise that he would marry her very shortly. Having waited for considerable time, complainant is claimed to have filed criminal complaint against the accused with the respondent-Police only on 3.2.2019. It is based on the said complaint, Police have registered crime against the accused for the offences punishable under sections 417 and 376 of Indian Penal Code, 1860.
3. Learned counsel for the petitioner/accused, in his arguments, submitted that petitioner being 100% blind, there is no scope for he absconding from investigation or tampering the prosecution witnesses in any manner. He further submits that the accused is intending to initiate marriage talks with the alleged victim.
4. Per contra, learned High Court Government Pleader submits that the alleged offence is heinous in nature, that too, against a physically disabled blind lady. He further submits that merely because the accused is also said to be a blind person, but the alleged blindness would not come in the way of he committing alleged offence against another incapacitated woman. He also submits that from the date of lodging of the complaint, accused has remained absconding and not even attending to his employment and as such there is serious setback in the investigation.
5. The alleged circumstance of the case would go to show that alleged offence is against 70% blind woman by the petitioner who is said to be totally blind person. However, the alleged blindness may not come in the way of the alleged commission of crime against an incapacitated lady. The complainant appears to have given a detailed account how she was victimized and under what circumstances, and in addition to that, even according to the prosecution, since the date of lodging of complaint, which was on 3.2.2019, the accused remained absconded and has been unavailable for investigation. In the said circumstances and also considering the alleged nature of offences, that too, against an incapacitated lady, I am of the view that accused does not deserve to be enlarged on bail.
Accordingly, petition stands dismissed.
Sd/- JUDGE AN/-