Karnataka High Court
Girisha.P.B vs State Of Karnataka on 13 September, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:33123
CRL.A No. 1416 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1416 OF 2023
BETWEEN:
GIRISHA.P.B.,
AGED ABOUT 28 YEARS,
S/O BASAVARAJU,
R/AT PANDITHAHALLI VILLAGE,
B.G. PURA HOBLI,
MALAVALLI TALUK,
MANDYA DISTRICT - 571 430.
...APPELLANT
(BY SRI. R.D. RENUKARADHYA, ADVOCATE FOR
SRI. P. NATARAJU, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY MALAVALLI RURAL POLICE STATION,
MANDYA DISTRICT,
REP. BY STATE PUBLIC PROSECUTOR,
Digitally signed by HIGH COURT BUILDING,
LAKSHMINARAYANA BENGALURU - 560 001.
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA 2. SMT. PAVITHRA,
MAJOR,
W/O SANTHOSHA,
R/T PANDITHAHALLI VILLAGE,
DASANADODDI POST,
B.G. PURA HOBLI,
MALAVALLI TALUK,
MANDYA DISTRICT - 571 430.
...RESPONDENTS
(BY SRI. M. DIVAKAR MADDUR, HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
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CRL.A No. 1416 of 2023
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER PASSED BY THE
LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE AND C/C
V ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA IN
SPL.C.NO.7/2022 DATED 07.10.2022, MAY BE PLEASED TO
RELEASE HIM ON BAIL IN CR.NO.186/2021 REGISTERED BY
THE 1ST RESPONDENT POLICE / MALAVALLI RURAL POLICE
STATION FOR THE OFFENCE P/U/S 420, 376, 506 AND 354C OF
IPC AND SEC. 3(1)(W)(1)(2) OF SC/ST (POA) AMENDMENT
ACT, 2015 AND SEC. 66(E) AND 67(A) OF I.T. ACT, 2008 BY
ALLOWING THIS APPEAL.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The sole accused filed this appeal praying to set
aside the order dated 07.10.2022 passed in
S.C.No.7/2022 by the V Additional District and Session
Judge, Mandya, where in the bail application of this
appellant/accused sought in respect of Crime No.186/2021
of Malavalli Rural Police Station for the offence punishable
under Section 420, 376, 506 of Indian Penal Code, Section
3(1)(w)(i)(ii) of the Schedule Cast/Schedule Tribe
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CRL.A No. 1416 of 2023
(prevention of Atrocities) Act, 1989 and Section 66(E) and
67(A) of the Information Technology Act, 2008 came to be
rejected.
2. Heard learned counsel for the appellant/accused
and learned High Court Government Pleader for
respondent No.1/State. In spite of service of notice to
respondent No.2/Complaiant remained absent and
unrepresented.
3. The case of the prosecution is that, the victim
lady has filed complaint stating that she came in contact
with the appellant/accused through facebook since 3
years. She continued friendship with the
appellant/accused as brother. The appellant/accused
mesmerised her by showing love and promised to marry
her and look after her children and asked her to leave her
husband and committed sexual intercourse on her in her
house in the absence of the her husband. Thereafter, the
appellant/accused took the victim lady to a rented premise
and there also he committed sexual intercourse on her.
He promised to get her loan of Rs.5,00,000/- and
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CRL.A No. 1416 of 2023
repeatedly committed sexual intercourse on her for about
30-50 times and recorded the same in his mobile phone.
He further threatened to send the videos to her relatives if
she did not corporate for sexual intercourse and gave her
life threat. The appellant/accused took Rs.70,000/- worth
of jewellery of the victim lady and pledged with a sethu.
The victim lady gathered the panchayath and no decision
was taken in the panchayath and therefore, she lodged
the complaint. The case came to be registered in Malavalli
Rural Police Station in crime No. 186/2021. The
appellant/accused came to be arrested on 27.11.2021 and
he is in judicial custody. After investigation, charge sheet
came to be registered against the appellant/accused for
the offences punishable under Section 420, 376, 506 of
Indian Penal Code, Section 3(1)(w)(i)(ii) of the Schedule
Cast/Schedule Tribe (prevention of Atrocities) Act, 1989
and Section 66(E) and 67(A) of the Information
Technology Act, 2008 and case came to be registered
against the appellant/accused in S.C.No.7/2022 and it is
pending on the file of the V Additional District and Session
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CRL.A No. 1416 of 2023
Judge, Mandya. The appellant/accused filed a bail
application and same came to be rejected by the
impugned order dated 07.10.2022. The appellant/accused
has challenged the said order in this appeal.
4. Learned counsel for the appellant/accused
contend that the victim lady is aged about 30 years and
she is married and having children. On perusal of
averments of the complaint and charge sheet material
there is relationship between the appellant/accused and
victim lady since 03 years. The complaint came to be filed
as Panchayath came to be failed. The relationship
between the appellant/accused and victim lady is
consensual. As charge sheet is filed, the appellant/accused
is not required for custodial interrogation. The
appellant/accused is having wife and children. Without
considering these aspects the learned Session Judge has
erred in rejecting his bail application and prayed to allow
the appeal and grant bail to the appellant/accused.
5. Per contra, the learned High Court Government
Pleader would contend that this appellant/accused induced
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CRL.A No. 1416 of 2023
the victim lady to marry her and committed sexual
intercourse on her in her house. He has promised to get
her loan of Rs.5,00,000/- and took her to a lodge and
subsequently to a rented house there also he committed
sexual intercourse on her several times. The
appellant/accused also recorded the sexual acts between
him and victim lady in his mobile phone and threatened
the victim to cooperate for sexual acts or otherwise he will
send obscene videos to her relatives. He has also sent
obscene videos to her mobile. The said mobile of the
victim lady has been sent to the FSL and it contains 18
obscene videos. On perusal of charge sheet material there
is prima facie case against this appellant/accused for
offences alleged against him. With this he prays to
dismiss the appeal.
6. Having heard learned counsel for the
appellant/accused and learned High Court Government
Pleader, this Court has gone through the impugned order
and charge sheet material.
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CRL.A No. 1416 of 2023
7. As per averments of the complaint and charge
sheet material, the victim lady is in contact with this
appellant/accused since 03 years prior to the filling of the
complaint. The victim lady is married woman having
husband and children. On perusal of the averments of the
complaint and charge sheet material, it appears that at
this stage that the alleged act of intercourse by this
appellant/accused on the victim lady is consensual. The
other offences alleged against the appellant/accused are
not punishable with death or imprisonment for life. As
charge sheet is filed, the appellant/accused is not required
for custodial interrogation. Without considering these all
aspects the learned Special Judge has erred in rejecting
the bail application of this appellant/accused. The
appellant/accused has made out grounds for setting aside
the impugned order and grant bail. In the result following
ORDER
i) The appeal is allowed.
ii) The impugned order dated 07.10.2022 passed
in S.C.No.7/2022 by the V Additional District and
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CRL.A No. 1416 of 2023
Session Judge, Mandya is set aside. The bail
application of the appellant/accused stands
allowed. The appellants/accused is ordered to be
released on bail in Crime No.186/2021 of the
Malavalli Rural Police Station, subject to the
following conditions;
a. The appellant-accused 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
trial Court;
b. The appellant-accused shall not threaten
the complainant or tamper other
prosecution witnesses.
c. The appellant-accused shall appear before
the trial Court on all dates of hearing
unless exempted and cooperate for speedy
disposal of the case.
Sd/-
JUDGE
DSP
CT:SNN
