Karnataka High Court
Ramesha B J vs The State Of Karnataka By on 4 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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CRL.A No. 778 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 778 OF 2024
BETWEEN:
RAMESHA B J
S/O LATE JAYANNACHAR
AGED ABOUT 21 YEARS
R/O RAMAMRUTHY BUILDING
4TH FLOOR, BEHIND FRESH CAKE
MALGALA 2ND STOP, NAGARABHVAI
BENGALURU - 560 072.
...APPELLANT
(BY SRI CHIDAMBARA G S, ADVOCATE)
Digitally signed by AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH 1. THE STATE OF KARNATAKA BY
COURT OF SHO ATTIBELE POLICE STATION
KARNATAKA
BENGALURU RURAL DISTRICT
BENGALURU - 562 107.
REPRSENTED BY THE STATE
PUBLIC PROSECUTOR
HIGH COURT BUILDIGN
BENGALURU - 560 001.
2. GOVINDAPPA
AGED ABOUT 52 YEARS
R/O AMBEDKAR COLONY
YADAVANAHALLY, ATTIBELE HOBLI
ANEKAL TALUK - 562 107.
BENGALURU RURAL DISTRICT
...RESPONDENTS
-2-
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CRL.A No. 778 of 2024
(BY SRI R RANGASWAMY, HCGP FOR R1
SRI A V RAGHAVENDRA, ADVOCATE FOR R2)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER
DATED 19.03.2024 PASSED BY THE COURT OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT AT BENGALURU IN CRL.MISC.No.411/2014 AND
GRANT BAIL TO THE APPELLANT IN RESPECT OF
CR.NO.181/2023 REGISTERED BY THE FIRST RESPONDENT
ATTIBELE POLICE, BENGALURU RURAL DISTRICT AND
PENDING ON THE FILE OF THE COURT OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT AT BENGALURU IN SPL.C.NO.948/2023 FOR THE
OFFENCE P/US/ 354-C,417,376(ii)(n) R/W SECTION 34 OF IPC
AND SECTION 3(1)(r)(s), 3(1)(w)(i)(ii), 3(2)(v-a) OF SC/ST
(POA) ACT 1989 AND SEC.66-E AND 67-A OF THE IT ACT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by accused No.1 praying to
set-aside the order dated 19.03.2024 passed in
Crl.Misc.No.411/2024 by the II Additional District and
Sessions Judge, Bengaluru Rural District, Bengaluru,
whereunder, the bail application of this appellant -
accused No.1 sought in respect of Crime No.181/2023 of
Attibele Police Station registered for the offences under
Sections 354-C, 417 and 376(ii)(n) read with Section 34 of
the Indian Penal Code, 1860, Sections 3(2)(v), 3(2)(v-a),
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3(1)(w)(i) and (ii) and 3(1)(r)(s) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 and Sections 66(E) and 67(A) of Information
Technology Act, 2000, came to be rejected.
2. Heard learned counsel for the appellant - accused
No.1, learned counsel for respondent No.2 and learned
High Court Government Pleader for respondent No.1 -
State.
3. The case of the prosecution is that, the victim girl,
daughter of Sri. Govindappa, got acquainted with accused
No.1 through social media platform and taking advantage
of the said acquaintance, accused No.1 with a promise of
marriage, committed rape on her forcibly on several
occasions and took obscene pictures and videos of the
victim girl. Accused No.2 - mother of accused No.1
refused to perform the marriage of her son - accused No.1
with the victim girl, on the ground that she belongs to
Scheduled caste and abused the victim girl by referring to
her caste. She demanded a car, Rs.10.00 lakhs and to
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provide a house on lease for performing the marriage of
her son with the victim girl. Further, accused No.1
informed the victim girl - C.W.2 over phone that his
mother has driven him out of the house and when the
victim's mother and her sister did not allow accused No.1
to stay in their house, with an ulterior motive, to defame
the victim, accused No.1 sent the nude videos and pictures
of the victim to accused No.3 through whatsapp, telling
him to troll the same in instagram and inturn accused No.3
sent the same to accused No.5 who forwarded those
pictures and videos to the mobile phone of accused No.4
through Whatsapp and accused No.4 through his
instagram ID account uploaded it in social media. The
appellant - accused No.1 who is in judicial custody filed
the bail petition and the same came to be rejected by the
impugned order which is challenged in this appeal.
4. Learned counsel for the appellant - accused No.1
would contend that there was a love affair between the
appellant - accused No.1 and the victim (CW2) and the
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alleged act of sexual intercourse between them is
consensual. He submits that the appellant - accused No.1
stayed in the house of her father for twenty days. He
submits that there is no allegation of uploading the nude
photographs and videos of the victim girl by this appellant
- accused No.1. Accused Nos.3 and 4 have already been
granted bail by this Court. As the charge sheet is filed,
the appellant - accused No.1 is not required for the
custodial interrogation. With this, he prayed to allow the
appeal and grant bail to appellant - accused No.1.
5. Per contra, learned High Court Government Pleader
for respondent No. 1 - State would contend that the
offences alleged against the appellant - accused No.1 are
heinous offences and are punishable with death or
imprisonment for life. The appellant - accused No.1 took
the victim girl to the lodge, where, he forcefully had sexual
intercourse with the victim girl and recorded the alleged
act in the mobile of the victim girl and got it transferred to
his mobile. The appellant - accused No.1 again took the
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victim girl to the lodge and had sexual intercourse with
her. The appellant - accused No.1 forced the victim girl to
record the video and take her photographs, while taking
bath and uploaded her photos and video and got it sent to
his mobile. The appellant - accused No.1 forwarded the
alleged video of sexual intercourse from his mobile to the
mobile of CW3 - sister of the victim. This appellant -
accused No.1 shared the alleged video to the mobile
phone of his brother Darshan, who inturn shared the same
with accused No.3. Accused No.3 shared the said video to
accused No.5 and accused No.5 inturn shared it to accused
No.4, who uploaded the said video and photographs in the
social media. He contends that further investigation is in
progress and the F.S.L report regarding the mobile phone
is awaited. With this, prayed to dismiss the appeal.
6. Learned counsel for respondent No.2 would contend
that Darshan - brother of the appellant - accused No.1
and accused No.5 are still absconding. The appellant -
accused No.1 has not married the victim girl and cheated
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her. If the appellant - accused No.1 is granted bail, there
will be threat to the victim girl and the other prosecution
witnesses. With this, he prayed to dismiss the appeal.
7. Having heard the learned counsels, the Court has
perused the impugned order and the charge sheet records.
8. On perusal of statement of the victim girl recorded
under Section 164 of Cr.P.C, it is clear that they came in
contact through the social media and became friends and
started loving each other. The victim girl twice had been
to the lodge with the appellant - accused No.1, where
they had sexual intercourse. The victim girl was aged 23
years as on the date of the incident and she was able to
understand the consequences of her act. The appellant -
accused No.1 stayed in the house of father of the victim
girl for 15-20 days, as mother of the appellant - accused
No.1 has refused for marriage of the appellant - accused
No.1 with the victim girl and sent him out of house. There
is no allegation of uploading of obscene video and
photographs in the social media by the appellant -
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accused No.1. As the charge sheet is filed, the appellant -
accused No.1 is not required for the custodial
interrogation. The appellant - accused No.1 has made out
grounds for setting aside the impugned order and grant of
bail. In the result, the following;
ORDER
The appeal is allowed. The impugned order dated
19.03.2024 passed in Crl.Misc.No.411/2024 by the
II Additional District and Sessions Judge, Bengaluru Rural
District, Bengaluru is set aside. The appellant - accused
No.1 is granted bail in Crime No.181/2023 of Attibele
Police Station, subject to the following conditions:
(i) The appellant - accused No.1 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.
(ii) The appellant - accused No.1 shall not tamper
with the prosecution witnesses, either directly or
indirectly.
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(iii) The appellant - accused No.1 shall not try to
influence or threaten the victim girl in any
manner.
(iv) The appellant - accused No.1 shall attend the
Court on all dates of hearing unless exempted
and cooperate in speedy disposal of the case.
Sd/-
JUDGE
GH
