Krishnakumar @ Krishne Gowda vs The State Of Karnataka
2022 Latest Caselaw 2450 Kant

                                       CRL.A.No.101/2022

                             1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 15TH DAY OF FEBRUARY 2022

                        BEFORE

      THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

         CRIMINAL APPEAL NO.101/2022
BETWEEN:

KRISHNAKUMAR @ KRISHNE GOWDA
S/O T.V. NANJE GOWDA
AGED ABOUT 21 YEARS
R/AT HADI MANE ROAD
THAMLAPURA, HASSAN TALUK
HASSAN DISTRICT - 571 187
                                           ... APPELLANT
(BY SRI. SURESH P., ADVOCATE)

AND

1.    THE STATE OF KARNATAKA BY
      GIRINAGAR POLICE STATION
      BENGALURU
      REPRESENTED BY
      STATE PUBLIC PROSECUTOR
      HIGH COURT COMPLEX
      BENGALURU - 560 001

2.    ANJALI N
      D/O NARAYANA
      AGED 20 YEARS
      R/AT 6TH & 5TH CROSS
      VINAYAKA LAYOUT
      NAYANDANHALLI
      BANGALORE - 560 039
                                        ... RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP FOR R1;
    SRI. M.N. NINGARAJU, ADVOCATE FOR R2)
                                                CRL.A.No.101/2022

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      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO ENLARGE THE
APPELLANT ON BAIL IN SPL.C.1722/2021 (CRL.NO.97/2021) OF
RESPONDENT-GIRINAGAR      POLICE    FOR   THE    OFFENCES
PUNISHABLE UNDER SECTIONS 376, 384, 504, 506, 201, 120B
R/W 34 OF IPC AND SECTIONS 3(1)(w)(i), 3(1)(w)(ii), 3(2)(v),
3(2)(va) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE
LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE (CCH-71)

      THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

Heard.

2. Aggrieved by the rejection of his bail

application, accused No.1 in Spl.C.No.1722/2021 on

the file of LXX Additional City Civil and Sessions

Judge, Bengaluru (CCH-71) has preferred the above

appeal.

3. The appellant and three others are charge

sheeted in Crime No.97/2021 for the offences

punishable under Sections 376, 384, 504, 506, 201,

120B r/w 34 of IPC and Sections 3(1)(w)(i), CRL.A.No.101/2022

3(1)(w)(ii), 3(2)(v), 3(2)(va) of Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Act, 1989

on the basis of the complaint of C.W.1.

4. Case of the prosecution in brief is as

follows:

Accused No.2 befriended C.W.1 on facebook. On

25.03.2020, accused No.2 took C.W.1 to the room of

the appellant representing that it is her room and

went outside in the guise of getting food. During that

time, accused Nos.1 and 3 entered into the room as

acquaintance of accused No.2. They offered her cool

drinks laced with some stupefying substance. On

consuming that when she was in deleterious

condition, the appellant committed rape on her and

accused No.3 videographed the same. Thereafter,

accused extracted from her cash of Rs.4,00,000/- and

15 grams gold from time to time blackmailing that

they will circular the video contents and defame her.

CRL.A.No.101/2022

Ultimately, when she filed the complaint before

Chandra Layout Police, the appellant promised to

marry her and then resiled. During that process they

destroyed the electronic evidence. They even

threatened to commit her murder through rowdies.

5. The appellant was arrested in the said case

on 17.06.2021. The trial Court by the impugned order

rejected his bail application on the ground that there

is material to show his involvement in the offences

and this Court has already rejected his bail

application.

6. Learned counsel for the appellant submits

that there is inordinate delay in filing the complaint

and there was no evidence of alleged pregnancy and

termination of pregnancy of the victim. The victim in

her statement has said that pregnancy was aborted by

tablet given by the appellant.

CRL.A.No.101/2022

7. So far as delay in filing the complaint, she

has said that accused No.1 blackmailed her that if she

reveals the incident to any body, they will upload the

intimate scenes with the appellant on social media.

She has even made allegation against police of

destroying evidence and wielding political influence.

Statement of the victim recorded under Section 164

Cr.P.C. by the Magistrate and the other records at this

stage show prima facie involvement of the appellant in

the crime.

8. Having regard to the allegations and in the

light of the aforesaid facts and circumstances, if the

bail is granted, there is likelihood of appellant

threatening the witnesses and more particularly

respondent No.2. Considering the aforesaid facts and

circumstances, the trial Court has rightly exercised its

discretion to dismiss the bail petition. This Court does CRL.A.No.101/2022

not find any ground to interfere with the same.

Therefore, the appeal is dismissed.

Sd/-

JUDGE pgg