Sri Bharath Reddy vs State By Women Police Station
2022 Latest Caselaw 3234 Kant

                                       CRL.A.No.238/2022

                           1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24TH DAY OF FEBRUARY 2022

                       BEFORE

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

         CRIMINAL APPEAL NO.238/2022
BETWEEN:

SRI BHARATH REDDY
S/O GAJAPPA REDDY V.H.
AGED ABOUT 35 YEARS
PRESENT R/AT SY.NO.34/3
OWNERS COURT
KASAVANAHALLI MAIN ROAD
DODDAKANNELLI P.O.
BANGALORE - 560 035                       ... APPELLANT
(BY SRI H.N. SHASHIDHARA, SENIOR COUNSEL FOR
    SRI H.S.SUHAS, ADVOCATE)

AND

1.    STATE BY WOMEN POLICE STATION
      DAVANAGERE CITY SUB-DIVISION
      DAVANAGERE
      REPRESENTED BY ITS
      STATE PUBLIC PROSECUTOR
      HIGH COURT OF KARNATAKA
      BANGALORE - 560 001

2.    SMT. O. MADHURI
      D/O OM PRAKASH
      AGED ABOUT 32 YEARS
      R/AT NO.55/17, 1ST STAGE
      NEAR DURGAMBIKA SCHOOL
      DAVANAGERE - 571 112            ... RESPONDENTS
(BY SRI H.S.SHANKAR, HCGP FOR R1;
    R2 SERVED, UNREPRESENTED)
                                                  CRL.A.No.238/2022

                               2


      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE
ORDER DATED 01.02.2022 IN CR.NO.186/2021 PASSED BY THE
II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE
VIDE ANNEXURE-A, ALLOWING THIS APPEAL AND PASS AN
ORDER     ENLARGING     THE   APPELLANT  ON     BAIL  IN
CR.NO.186/2021 REGISTERED BY THE 1ST RESPONDENT
WOMEN POLICE STATION, DAVANAGERE FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 3(1)(r), 3(2)(v), 3(2)(va),
3(1)(w) OF SC/ST (POA) ACT AND SECTIONS 376(2)(N), 506,
504, 417 R/W 34 OF IPC, PENDING BEFORE THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, DAVANAGERE AND GRANT
BAIL.

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

                          JUDGMENT

Learned HCGP submits report of the I.O. regarding

service of notice on respondent No.2. Respondent No.2

served, absent.

2. Aggrieved by the rejection of his bail

application, accused No.1 in Crime No.186/2021 of Women

Police Station, Davanagere has preferred the above

appeal.

3. Crime No.186/2021 was registered against the

appellant, his parents and his siblings (accused Nos.2 to 4)

for the offences punishable under Sections 376(2)(n), 506, CRL.A.No.238/2022

504, 417 r/w 34 of IPC and Sections 3(1)(r), 3(1)(w),

3(2)(v-a), 3(2)(v) of Scheduled Castes/Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short 'the Act') on

the basis of the complaint of respondent No.2.

4. The case of the prosecution is as follows:

The appellant befriended respondent No.2 in

January, 2019, lured her of love and marriage. On

23.06.2021 betrothal ceremony of appellant and

respondent No.2 was performed. After that the appellant

sexually abused respondent No.2 in the guise of marriage.

Thereafter the appellant started to resile from the promise

of marriage on the ground that she belongs to Scheduled

Caste. He abused her with reference to her caste. When

she tried to question that, he criminally intimidated her.

5. The appellant was arrested on 28.12.2021.

The trial Court rejected his bail application on the ground

that there are prima facie materials to show his CRL.A.No.238/2022

involvement in the crime and the case is still at the

investigation stage.

6. Sri. H.N.Shashidhara, learned Senior Counsel

appearing for Sri. H.S.Suhas, learned counsel on record for

the appellant submits that material on record shows that

sexual relationship was consensual one and there is no

material regarding caste based discrimination.

7. Sri H.S.Shankar, learned HCGP submits that

respondent No.2 in her compliant and her statement under

Section 164 Cr.P.C. has implicated the appellant. He

further submits that investigation records show that the

appellant has abused the victim emotionally and sexually

taking advantage of her caste, therefore, it is not a fit case

to grant anticipatory bail.

8. Records produced before the Court at this

stage show that the appellant sexually abused the victim

under the inducement of marriage. Whether there was a

consent much less a free consent is a matter of trial.

CRL.A.No.238/2022

9. Admittedly, victim belongs to Scheduled Caste.

She has alleged that when she started to question the acts

of the appellant, he threatened her of her life. Case is still

at the investigation stage. Under the circumstances, it

cannot be said that in exercising its discretion to reject the

application, the trial Court acted illegally.

The appeal is dismissed.

Sd/-

JUDGE

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