Karnataka High Court
Sri K S Naveena vs State Of Karnataka on 7 January, 2022
Bench: K.S.Mudagal
CRL.A.No.1627/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1627/2021
BETWEEN:
SRI.K.S.NAVEENA
S/O SRI.K.SHIVAKUMAR
AGED ABOUT 20 YEARS
RESIDING AT HANAGAVADI VILLAGE
HARIHARA TALUK
DAVANAGERE DISTRICT - 577 601 ... APPELLANT
(BY SRI.VARUN, ADVOCATE FOR
SRI.KASHYAP N NAIK, ADVOCATE -VC)
AND:
1. STATE OF KARNATAKA
REP. BY THE HARIHARA RURAL POLICE
HARIHARA TALUK
DAVANAGERE DISTRICT - 577 601
REPRESENTED BY INSPECTOR
2. SINDHU N.B.
D/O SRI.BASAPPA
AGED ABOUT 19 YEARS
HANAGAWADI VILLAGE
HARIHARA TALUK
DAVANAGERE
KARNATAKA- 577 601 ... RESPONDENTS
(BY SMT.RASHMI JADHAV, HCGP FOR R1- THROUGH PH;
SRI.G.J.SUNKAPUR, ADVOCATE FOR R2- THROUGH VC)
CRL.A.No.1627/2021
2
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A
(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 28.09.2021 PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE
IN CRL.MISC.NO.813/2021 AND ISSUE A DIRECTION TO THE
RESPONDENT TO RELEASE THE APPELLANT ON BAIL, ON SUCH
CONDITIONS THAT THIS HONBLE COURT MAY DEEM FIT, IN
RESPECT OF CR.NO.154/2021 REGISTERED BY HARIHARA
RURAL POLICE (RESPONDENT) FOR THE OFFENCE P/U/S 417,
376 OF IPC AND SEC.3(1)(r),3(1)(s),3(1)(w),3(2)(v) OF SC/ST
(POA) ACT.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE
DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the rejection of his bail application
accused No.1 in Crime No.154/2021 of Harihara Rural
police station has preferred the above appeal.
2. The appellant is accused No.1 in Crime
No.154/2021. His senior uncle and brother are accused
Nos.2 and 3 in the said case. Crime No.154/2021 was
registered against the accused for the offences punishable
under Sections 417 & 376 read with Section 34 of IPC and
Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of SC/ST (POA)
Act, on the basis of complaint of 'X' the victim. (For the
CRL.A.No.1627/2021
purpose of confidentiality the complainant is referred to
henceforth as 'X')
3. The gist of the complaint is as follows:
That 'X' and the appellant were loving each other
since one year. On 14.08.2021 the appellant forced her to
marry him and blackmailed her saying that if she declines
he commits suicide. Ultimately on 18.08.2021 he took her
to Bengaluru. From 14.08.2021 after 18.08.2021, both of
them stayed together in two different lodges. During the
said stay, the appellant tied turmeric thread in her neck as
a token of marriage and committed rape on her. On
23.08.2021 accused No.2 filed missing complaint about the
appellant. Then police picked them up from lodge. Accused
No.2 snatched turmeric thread from her neck saying that
she belongs to the scheduled caste and she cannot marry
the appellant. Then they forcibly took the appellant from
the police station.
4. The trial Court rejected the application of the
appellant for grant of bail. This Court has granted interim
CRL.A.No.1627/2021
bail to the appellant on the ground that the appellant is a
student and he has to attend the examination. Now charge
sheet is filed. The Investigating Officer has dropped
accused Nos.2 and 3 from the charge sheet on the ground
that no case is made out against accused Nos.2 and 3.
5. The complaint does not indicate that the
alleged development of intimacy with 'X' and abuse was
caste based or she was targeted due to her caste. 'X' only
states that they were in a relationship for about one year.
'X' is aged about 19 years and the appellant is aged about
20 years.
6. Though 'X' and the appellant moved to
different places for about five days, there was nothing to
indicate that she has raised any alarm for public help.
Whether the relationship was consensual or forcible has to
be decided on trial. The appellant said to have appeared
for engineering examination. If he is subjected to pre-trial
conviction and sentence, that causes irreversible damage
to his carrier. Under the circumstances, it is a fit case to
CRL.A.No.1627/2021
grant bail. The trial Court has failed to appreciate the
material on record in the integral manner. Therefore the
trial Court order is unsustainable. The appeal is allowed.
The appellant is granted bail in Crime No.154/2021
of Harihara Rural police station subject to the following
conditions:
(i) He shall execute personal bond in a sum of
Rs.25,000/-(Rupees twenty five Thousand
only) with two sureties in the like sum to
the satisfaction of the trial Court for his
appearance before the Court;
(ii) He shall appear before the Court as and
when required for the trial; &
(iii) He shall not tamper the prosecution
witnesses in any manner.
Sd/-
JUDGE
PKN
