Chetankumar S/O Hulagappa ... vs The State Of Karnataka
2022 Latest Caselaw 12263 Kant

 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 10TH DAY OF OCTOBER, 2022

                              BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

            CRIMINAL PETITION NO. 102662 OF 2022

BETWEEN:

CHETANKUMAR S/O. HULAGAPPA BAJANTRI
AGE. 24 YEARS, OCC. DRIVER,
R/O. MOTEBENNUR,
BYADAGI TALUK,
HAVERI DISTRICT-581106.

                                                ...PETITIONER

(BY SRI. MADHUKESHWAR A. DESHPANDE, ADV.)


AND:

THE STATE OF KARNATAKA
THROUGH HAVERI WOMAN POLICE STATION,
REPT BY HCGP HIGH COURT,
DHARWAD-580001.

                                               ...RESPONDENT

(BY SRI. PRASHANTH V. MOGALI, HCGP)


        THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON
BAIL IN CRIME NO.59/2022 PENDING BEFORE THE SENIOR
CIVIL    JUDGE   AND   CJM,    HAVERI   REGISTERED   FOR   THE
OFFENCE PUNISHABLE U/S 376(N), 420, 504 AND 506 R/W
                            -2-




                                 CRL.P No. 102662 of 2022


SECTION 34 OF IPC, BY THE RESPONDENT HAVERI WOMAN
POLICE STATION.


     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

This petition is field by accused No.1 under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 'Cr.P.C.', for brevity)

seeking bail in Crime No.59/2022 of Haveri Women

Police Station registered for the offences punishable

under Sections 376(n), 420, 504 and 506 read with

Section 34 of the Indian Penal Code (hereinafter

referred to as 'IPC', for brevity).

2. The case of the prosecution is that, the

victim lady has filed the complaint stating that, in

the year 2019, she was working in Netravati Service

Station at Byadagi and at that time, accused No.1

was also working in the same place and they became

friends and accused No.1 developed fascination

CRL.P No. 102662 of 2022

towards her and promised her to marry. That on

12.01.2022 her brother and aunt went to the village

and she was alone in the house and accused No.1

taking advantage of the same, entered the house

quietly and asked water to drink and committed

sexual intercourse on her forcibly against her will on

false promise of marriage. It is further stated that,

due to the act of accused No.1, the complainant

became pregnant. The petitioner/accused No.1 has

also received cash of Rs.6,00,000/- and 3 tolas gold

from the complainant. That on 22.07.2022, she

called the petitioner/accused No.1 through phone

and told that she is 5 months pregnant and asked

his parents to come to her house. At that time

petitioner/accused No.1 and accused Nos.2 to 4

asked whether there is any evidence that she has

become pregnant through accused No.1 and

threatened and abused her in filthy language. The

said complaint came to be registered in Crime

No.59/2022 for the aforesaid offences. The

CRL.P No. 102662 of 2022

petitioner came to be arrested on 12.08.2022 and he

is in judicial custody. The petitioner filed

Crl.Misc.No.638/2022 seeking bail and the same

came to be rejected by the learned I Additional

District and Sessions Judge, Haveri, by order dated

03.09.2022. Therefore, the petitioner is before this

Court seeking bail.

3. Heard the arguments of the learned

counsel appearing for the petitioner and the learned

High Court Government Pleader for the respondent-

State.

4. The learned counsel for the petitioner

would contend that, the alleged offence is taken

place on 12.01.2022 and the complaint came to be

filed on 12.08.2022 and therefore there is a delay in

filing the complaint and it is not explained. It is his

further submission that the victim lady is aged 24

years and looking to the averments of the complaint

it can be inferred that the alleged physical contact

CRL.P No. 102662 of 2022

between the petitioner/accused No.1 and the victim

lady is consensual. It is his further submission that

there is a divorce of the complainant's marriage with

her husband by mutual consent in M.C. No.99/2022

by judgment dated 05.07.2022. It is his further

submission that the offence punishable under

Section 376 of IPC is not attracted. The other

offences punishable under Section 504 and 506 are

alleged against accused Nos.2 to 4. It is his further

submission that the petitioner is in judicial custody

since 12.08.2022 therefore he is not required for

any custodial interrogation. With this, he prayed to

allow the petition.

5. Per contra, learned High Court Government

Pleader would contend that, investigation is still in

progress. As per the medical examination the victim

lady is pregnant of six months. The statement of

the victim lady has been recorded under Section 164

of Cr.P.C., wherein, she has stated that the

petitioner/accused No.1 under the pretext of

CRL.P No. 102662 of 2022

marriage had forcibly committed sexual intercourse

more than 20 times and due to that she become

pregnant. It is his further submission that as the

investigation is in progress and the alleged offence

is heinous, the petitioner is not entitled for grant of

bail. With this, he prayed to reject the petition.

6. Having regard to the submission made by

the learned counsel for the petitioner and the

learned High Court Government Pleader, this Court

has gone through the averments of the complaint,

FIR and the order passed by the Sessions Court.

      7.    The        accusation                     against              this

petitioner/accused         No.1     is        that,     he        developed

friendship with the complainant and once he went to

the house of the complainant and in spite of

resistance, he had sexual intercourse on the victim

lady and due to which, she became pregnant. It is

further allegation that the petitioner has taken Rs.6

lakhs cash and 3 tolas of gold from the complainant

CRL.P No. 102662 of 2022

and he has not returned the same and now he is

refusing to marry the complainant even after her

divorce. The victim lady is aged 24 years. On going

through the averments of the complaint one can

infer that the alleged act of sexual intercourse by

the petitioner on the victim lady is consensual.

Whether the petitioner has made promise to the

victim lady to marry her and he has cheated her is a

matter of investigation and final report. The

allegations in the FIR punishable under Sections 504

and 506 of IPC are against accused Nos.2 to 4. The

petitioner is in judicial custody since 12.08.2022

therefore he is not required for custodial

interrogation. The main objection of the prosecution

is that if the petitioner is granted bail he will

hamper the investigation and tamper the prosecution

witnesses can be met with by imposing stringent

conditions.

8. In the facts and circumstances of the case

and submission of the counsel, this Court is of the

CRL.P No. 102662 of 2022

view that there are valid grounds for granting bail

subject to certain terms and conditions. Hence, I

proceed to pass the following:

ORDER

The petition filed under Section 439 of Cr.P.C.

is allowed. Consequently, the petitioner/accused

No.1 is ordered to be released on bail in Crime

No.59/2022 of Haveri Women Police Station subject

to the following conditions:

i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety 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 co-operate in the investigation and make himself available for interrogation whenever required.

iv. The petitioner shall not directly or indirectly make any inducement, threat or promise to

CRL.P No. 102662 of 2022

any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.

v. The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

Sd/-

JUDGE

SMM