Karnataka High Court
Sri Naveena S vs State Of Karnataka on 20 December, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2023:KHC:46545
CRL.A No. 2137 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 2137 OF 2023
BETWEEN:
1. SRI NAVEENA S
S/O SRINIVASA B N
AGED ABOUT 23 YEARS
R/AT CHANCHARAYANAPALLI VILLAGE
BAGEPALLI TALUK
CHIKKABALLAPUR DIST
CHIKKABALLAPUR -561207
...APPELLANT
(BY SRI. NAGARAJA N. NAIDU, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
WHITE FILED POLICE STATION,
Digitally BENGALURU CITY.
signed by REPTD. BY STATE PUBLIC PROSECUTOR
SUMITHRA R HIGH COURT BUILDING
Location: BANGALORE-560001.
High Court of
Karnataka 2. KUM. PRAKRUTHI V
D/O LATE VENKATESH
AGED ABOUT 23 YEARS
R/AT NO.92, 6TH CROSS,
RISHIK LADY P G
PATTANDURU GUTTA
SANGOLLI RAYANNA ROAD
AMBEDKAR NAGAR
BANGALORE-560066.
...RESPONDENTS
-2-
NC: 2023:KHC:46545
CRL.A No. 2137 of 2023
(BY SRI.B.LAKSHMAN, HCGP FOR R1/STATE;
SRI. H.V. MANJUNATHA, ADVOCATE FOR R2)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER DATED 26.10.2023
PASSED BY THE HONBLE FIRST ADDL. DISTRICT AND
SESSIONS JUDGE (C/C) SECOND ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN
CRL.MISC.NO.2105/2023 AND ALLOW THIS BAIL APPEAL U/S
14(A)(2) OF SC/ST (POA) ACT, 1989 REGISTERED BY THE
WHITE FILED POLICE STATION, BENGALURU IN
CR.NO.364/2023 P/U/S 376, 504, 506 R/W SEC. 149 OF IPC
AND U/S 3(1)(r)(s), 3(1)(w)(i) OF SC AND ST (POA) ACT,
1989, NOW PENDING ON THE FILE OF THE HONBLE II ADDL.
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the accused praying to set
aside the order passed by the learned Sessions Judge,
rejecting his application filed under Section 439 of Cr.P.C.
seeking regular bail and consequently to release him on
bail in crime No.364/2023 of White field Police Station,
charge sheeted for the offences punishable under Section
376, 504, 506 read with Section 34 of IPC and Section
3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(v) of SC/ST(POA) Act,
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1989 and under Section 66 of the Information and
Technology Act.
2. Heard the learned counsel for appellant, learned
High Court Government Pleader and the learned counsel
appearing for respondent No.2 / victim.
3. The complaint lodged by the victim reveal that,
she is working as a Sales Executive since 27.09.2022 and
she got acquainted with the appellant who was also
working in the same company. The appellant collected her
mobile number and started messaging and making calls to
her. He introduced her to his parents and brother and
started acting like a friend. It is alleged that by inducing
her, he took her to OYO hotel in Whitefield, on
21.02.2023 and 05.05.2023 and committed forcible sexual
intercourse against her will. He blackmailed her saying
that he is having her videos and photographs and again on
26.07.2023 took her to a house in Kadogudi and
committed sexual intercourse on her. On 27.07.2023 she
went and informed the matter to his parents, brothers and
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Sister-in-law, but they abused her in filthy language
insulting her caste etc and the appellant threatened her
that he will throw acid on her face and kill her paying
supari.
4. Learned High Court Government Pleader and
the learned counsel appearing for respondent No.2 have
filed statement of objections. Opposing the bail petition, it
is vehemently contended that the victim has categorically
narrated the heinous act committed by the accused and in
the event the appellant is enlarged on bail, there is a
threat to victim's life. They contended that the victim is a
helpless girl belonging to scheduled caste and taking
advantage of her helplessness, the accused has
blackmailed her and committed rape on her. Further, on
the ground that she belong to scheduled caste, his family
members have abused her in filthy language and the
appellant has threatened her that he will throw acid on her
face and also kill her. They contended that the offence
committed by the accused is heinous in nature and in view
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of the prima facie material collected by the prosecution,
the appellant is not entitled for bail.
5. Learned counsel for respondent No.2 has
further contended that the appellant has made reckless
allegations assassinating the character of the victim and if
he is enlarged on bail he may cause harm to the victim
and try to influence her and therefore, sought to dismiss
the appeal.
6. Learned counsel appearing for the appellant has
contended that the entire allegations in the complaint are
false and even if the case of the prosecution is accepted in
its entirety, then the ingredients of the offence alleged are
not made out. It is contended that the complaint
averments clearly show that there was a close
acquaintance between the complainant and the appellant
and for extraneous reasons, now a false complaint has
been lodged not only against the appellant but also
against his parents, brothers and sister-in-law. It is
submitted that the investigation is completed and charge
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sheet is already filed and the appellant is languishing in
judicial custody from 04.10.2023. The learned counsel
further submits that, there are no bad antecedents against
the appellant and he is ready and willing to abide by any
conditions. Accordingly, he has sought to release the
appellant on bail.
7. A perusal of the charge sheet material shows
that the appellant and the victim are known to each other.
The incident has taken place between 27.09.2022 and
20.08.2023 i.e., for a period close to one year. It is
alleged, on three occasions the appellant by inducing the
complainant committed forcible sexual intercourse on her
and offence was committed by blackmailing her saying
that he has some intimate photographs and videos of the
victim etc. The charge sheet material does not show that
any such photographs or videos were found with the
appellant.
8. Admittedly, the victim is a major aged about 23
years. The prosecution has to prove the ingredients of the
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offences alleged against him in a full-fledged trial. The
statement of the victim is already recorded under Section
164 of Cr.P.C. The accused has been interrogated and he
is not required for further interrogation. The investigation
is completed and charge sheet is filed. In the facts and
circumstances, by imposing stringent conditions, the
appellant can be enlarged on bail. Hence, the following:
ORDER
The order dated 26.10.2023 passed by the Court of
II Additional District and Sessions Judge, Bengaluru Rural
District, Bengaluru in Criminal Misc No.2105/2023 is set
aside.
The appellant/accused No.1 in Crime No.364/2023 of
Whitefield Police Station, pending in Spl.C.C.No.1196/2023
on the file of the Court of II Additional District and
Sessions Judge, Bengaluru, Rural District, shall be
enlarged on bail, subject to following conditions:
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i. The appellant shall execute a personal
bond for a sum of Rs.1,00,00/-
(Rupees One Lakh only) with two
sureties for the like-sum to the
satisfaction of the Jurisdictional Court.
ii. He shall furnish proof of his residential
address and shall inform the Court/I.O.
if there is any change in the address.
iii. He shall not tamper with the
prosecution witnesses either directly or
indirectly.
iv. He shall not pose any threat or
inducement to the victim.
v. He shall appear before the trial court
on all dates of hearing without fail.
If any of the above conditions are violated, the
prosecution or the victim are at liberty to seek cancellation
of bail.
Sd/-
JUDGE
LDC,HB
