Karnataka High Court
Sri Pranesh vs State Of Karnataka on 12 June, 2023
Bench: Mohammad Nawaz
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NC: 2023:KHC:20064
CRL.P No. 3279 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3279 OF 2023
BETWEEN:
1. SRI PRANESH
S/O SHIVANNA
AGED ABOUT 32 YEARS
WORKING AS TCS BANGALORE
R/AT GURUVINAPURA VILLAGE,
KABBALU KANAKAPURA TALUK
RAMANAGARA-562 126.
...PETITIONER
(BY SRI. JAGADEESHA H., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally
signed by RAMANAGARA WOMEN POLICE STATION
LAKSHMI T REPT. BY ITS STATE PUBLIC PROSECUTOR
Location: HGIH COURT OF KARNATAKA
High Court of BENGALURU-560 001.
Karnataka ...RESPONDENT
(BY SRI.K.KRISHNA KUMAR, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.25/2023 OF RAMANAGARA WOMEN P.S.,
RAMANAGARA FOR THE OFFENCE P/U/S.376,504,506,420 R/W
SEC.34 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE (Sr.Dn.) AND CJM COURT, RAMANAGARA DISTRICT.
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CRL.P No. 3279 of 2023
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for petitioner and learned High
Court Government Pleader for respondent/State and perused
the material on record.
2. Petitioner has preferred this petition under Section
438 of Cr.P.C. seeking anticipatory bail in a case registered in
Crime No.25/2023 of Ramanagara Women Police Station, for
offences punishable under Sections 376, 504, 506, 420 r/w 34
of IPC.
3. The aforementioned crime is registered against the
petitioner, his mother, uncle and sister on a complaint lodged
by the victim on 21.02.2023. In the complaint, it is alleged
that the petitioner and the victim got acquainted with each
other in the year 2017 through face book and thereafter
on the pretext of love and with a false promise of marriage
he committed sexual intercourse and later refused to marry
her etc. It is also alleged that the petitioner has threatened
the victim saying that he has got contact with rowdy
elements and he has paid 2.5 lakhs to them to finish
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CRL.P No. 3279 of 2023
her. Further allegations are that on 08.01.2023 when the
complainant's mother and other family members had been to
the house of one Somashekar as per the request of petitioner's
mother for discussing the matter, Petitioner's mother and his
uncle abused them in filthy language and threatened with dire
consequences and even petitioner's sister abused and
threatened her over phone, etc.
4. A perusal of the complaint averments goes to show
that the complainant and the petitioner are in contact with each
other since 2017. It is alleged that with a false promise of
marriage, the petitioner has sexually exploited the complainant
and then refused to marry her. It is also alleged in the
complaint that the petitioner demanded money from the
complainant stating that he has suffered loss in the share
market etc and that his family members have seen another girl
for him and after he marries the said girl he will give divorce to
her and then marry the complainant.
5. The complainant is major aged about 30 years.
Allegations of rape, cheating and threat are made in the
complaint. The ingredients of the offence alleged against the
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CRL.P No. 3279 of 2023
petitioner is a matter which has to be established in a full-
fledged trial. The alleged offence/incident is said to have taken
place between 17.04.2019 and 21.02.2023. As per
prosecution, the petitioner promised to marry the complainant
and thus she was induced for the intercourse on that
consideration and not by free consent. It is contended by the
learned counsel for petitioner that in such a situation the
consent cannot be said to be given under misconception of fact
and a false promise is not a fact within the meaning of the
penal code. In support of the said contention he has relied on
a decision of the Hon'ble Apex Court in the case of Uday v.
State of Karnataka reported in (2003) 4 SCC 46. Further,
relying on a decision of the Hon'ble Apex Court in the case of
Sonu @ subhash Kumar v. State of Uttar Pradesh and
another reported in KAR 2021 SC 1405, it is contended that
when the relationship between the accused and prosecutrix was
of consensual nature and if there is no allegation that promise
to marry was false at inception then subsequent refusal will not
amount to any offence.
6. In so far as the allegations that the petitioner has
threatened the complainant by sending messages stating that
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CRL.P No. 3279 of 2023
he has given supari to rowdies to finish her etc is concerned,
the mobile phone of the complainant is said to have been
seized, but at this stage no such materials are forthcoming.
7. The statement of the victim is already recorded
under Section 164 of Cr.PC. The prosecution has to establish
the ingredients of the offence alleged against the petitioner
during trial. In the light of the judgments referred supra and
considering the entire facts and circumstances, without
observing any view on the merits of the case, the relief sought
by the petitioner can be granted by imposing conditions.
Accordingly, the following:
ORDER
Petition is allowed.
Petitioner is ordered to be released in the event of his
arrest in Crime No.25/2023 of Ramanagara Women Police
Station, subject to following conditions:
i. Petitioner shall appear before the
Investigation Officer within a period of one
week from the date of receipt of a copy of
this order and shall execute a bond in a
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CRL.P No. 3279 of 2023
sum of Rs.1,00,000/- (Rupees One Lakh
only) with two sureties for the likesum.
ii. He shall furnish proof of his residential
address and shall inform the I.O/Court
regarding change in the address, if any.
iii. He shall cooperate with the investigation
and shall not tamper with the prosecution
witnesses in any manner.
iv. He shall not put any threat or inducement
to the victim.
v. He shall appear before the trial Court on
every date of hearing, unless exempted for
genuine reason.
Sd/-
JUDGE
HB
