Karnataka High Court
Rajashekar vs The State Of Karnataka on 22 October, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:42350
CRL.A No. 1750 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1750 OF 2024
BETWEEN:
1. RAJASHEKAR
S/O LATE NAGARAJAPPA
AGED ABOUT 24 YEARS
R/AT 168, 4TH "B" CROSS
DEFENCE COLONY
BAGALAGUNTE
BENGALURU - 560 073.
PERMANENT R/AT
Y B HALLI VILLAGE
MADAKASHIRA TALUK
ANANTHAPURA DISTRICT
ANDRAPRADESH - 515 301.
2. SMT. SHIVAMMA
W/O LATE NAGARAJAPPA
AGED ABOUT 48 YEARS
Digitally signed by
LAKSHMINARAYANA Y B HALLI (YARABOMMANAHALLI)
MURTHY RAJASHRI
MADAKASHIRA TALUK
Location: HIGH
COURT OF ANATHAPURA DISTRICT
KARNATAKA
ANDRAPRADESH - 515 301.
...APPELLANTS
(BY SRI MANJUNATH M R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BAGALAGUNTE P S
BENGALURU
-2-
NC: 2024:KHC:42350
CRL.A No. 1750 of 2024
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
2. KUM. AISHWARYA
D/O HANUMANTHARAYAPPA
AGED ABOUT 23 YEARS
R/AT No.NILL, 4TH CROSS
DEFENCE COLONY
BAGALAGUNTE
BENGALURU - 560 073.
PERAMANENT OF:
KANMEDI VILLAGE
PAVAGADA TALUK
TUMKURU DISTRICT.
...RESPONDENTS
(BY SRI B LAKSHMAN, HCGP FOR R1
R2 DEAD)
THIS CRL.A. IS FILED UNDER SECTION 14(A) (2) OF SC
ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER
PASSED BY THE HON'BLE LXX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AND SPECIAL JUDGE BENGALURU (CCH-71)
IN CRL.MISC.No.7418/2024 ON 31.08.2024 AND TO ENLARGE
THE APPELLANTS ON BAIL IN CRIME No.425/2023 OF
BAGALAGUNTE P.S., BENGALURU REGISTERED FOR THE
OFFENCE P/US/ 313, 376, 420, 504, 506, 323 R/W SECTION 34
OF IPC AND SEC.3(2)(v), 3(2)(va) OF SC/ST (POA) ACT 1989
PENDING ON THE FILE OF THE FILE OF LXX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE BENGALURU
(CCH-71) IN SPL.C.NO.677/2024 AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2024:KHC:42350
CRL.A No. 1750 of 2024
ORAL JUDGMENT
1. This appeal is filed by appellants - accused
Nos.1 and 2 praying to set aside the order dated
31.08.2024 passed in Crl.Misc.No.7418/2024 by the LXX
Additional City Civil and Sessions Judge and Special Judge,
Bengaluru, whereunder the bail petition filed by the
appellants - accused Nos. 1 and 2 in respect of crime No.
425/2023 of Bagalagunte Police Station for offence
punishable under Sections 313, 376, 420, 504, 506, 323
read with Section 34 of IPC and Sections 3(2)(v) and
3(2)(v-a) of Schedule Caste Schedule Tribe (Prevention of
Atrocities) Act (hereinafter referred to as `SC ST Act')
came to be rejected.
2. Heard learned counsel for appellants - accused
Nos.1 and 2 and learned HCGP for the respondent - State.
3. Case of the prosecution is that appellant No. 1
- accused No. 1 and C.W.1 - the victim girl were working
in a petrol bunk and at the request of C.W.1 the appellant
No. 1 - accused No. 1 allowed her to stay in his house as
she had financial difficulty for staying in the PG. The
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appellant No. 1 - accused No. 1 is alleged to have had
forcible sexual intercourse on C.W.1 in his house on
20.03.2023 and thereafter promised to marry her and also
continued to have sexual intercourse upon her and due to
that she became pregnant. When C.W.1 intimated her
pregnancy to appellant No. 1 - accused No. 1 he abused
her in filthy language and refused to marry her. C.W.1
intimated her pregnancy to appellant No. 2 - accused No.
assaulted C.W.1. Thereafter, appellant Nos. 1 and 2 -
accused Nos. 1 and 2 tried to give pills to C.W.1 for
abortion and C.W.1 refused to consume the said pills. The
appellant Nos. 1 and 2 - accused Nos. 1 and 2 forcibly
made C.W.1 to eat Papaya and due to that, there was
abortion in the hospital on 01.12.2023. Charge sheet has
been filed against the appellant Nos. 1 and 2 - accused
Nos. 1 and 2 for the aforesaid offences. The appellant Nos.
1 and 2 - accused Nos. 1 and 2 filed bail petition and the
same came to be rejected by the impugned order which is
challenged in this appeal.
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4. Learned counsel for appellant Nos. 1 and 2 -
accused Nos. 1 and 2 would contend that during
investigation at crime stage appellant No. 1 - accused No.
1 filed bail petition in Crl.Misc.No. 12126/2023 and the
same has been allowed and appellant No. 1 - accused No.
1 has been granted bail with conditions. Before the
appellant No. 1 - accused No. 1 could produce the surety,
another case came to be registered against him in crime
No. 17/2024 by Pavagada Police Station for offence under
Section 306 read with Section 34 of IPC and Sections
3(1)(r), 3(1)(s) and 3(1)(w)(i), 3(2)(va) of SC ST Act as
the victim girl, i.e., C.W.1 had committed suicide. He
contends that in that crime also the appellant No. 1 -
accused No. 1 has been granted bail. He further submits
that as offence under Section 3 of the SC ST Act is
included in the charge sheet the appellants have sought
fresh bail and same has been rejected by the impugned
order. As charge sheet is filed appellants are not required
for custodial interrogation. There is delay in filing the
complaint. The breach of promise to marry does not
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attract offence under Section 376 of IPC. The appellant
No. 2 - accused No. 2 is a woman and she is the mother
of appellant No. 1 - accused No. 1 and there is no role of
her in abortion of the victim girl. On these grounds he
prayed to set aside the impugned order and grant bail to
the appellants.
5. Per contra, learned HCGP would contend that
the offence alleged against appellants are heinous offences
punishable either with imprisonment for life or
imprisonment for 10 years. Due to the act of the
appellants C.W.1 has committed suicide and a separate
case has been registered against appellant No. 1 -
accused No. 1. Considering all these aspects the Special
Court has rightly rejected their bail petition by the
impugned order. With this he prayed to dismiss the
appeal.
6. Having heard learned counsels, this Court has
perused the impugned order and other materials placed on
record.
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7. Appellant No.1 - accused No.1 has been
granted bail in Crime No. 425/2023 of Bagalagunte Police
Station registered for offences punishable under Sections
376, 420, 504, 506 of IPC in Crl.Misc.No.12126/2023.
Thereafter, charge sheet has been filed including offences
punishable under Sections 3(2)(v) and 3(2)(V-a) of the SC
ST Act. The accusation against this appellant No.1 -
accused No.1 is that he, under promise of marriage, had
sexual intercourse with the victim girl and subsequently
refused to marry her. The victim girl belongs to Schedule
Caste. As charge sheet has been filed this appellant No.1
- accused No.1 is not required for custodial interrogation.
8. The name of appellant No.2 - accused No.2 has
not been mentioned in the FIR. Appellant No.2 - accused
No.2 has been arraigned as accused in the charge sheet
on the accusation that she assaulted the victim girl and
made her to consume Papaya which led to abortion.
Offences alleged against this appellant No.2 - accused
No.2 are Sections 323 and 313 of IPC. Appellant No.2 -
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accused No.2 is a women and mother of appellant No.1 -
accused No.1. As charge sheet is filed this appellant No.2
- accused No.2 is not required for custodial interrogation.
Without considering all these aspects learned Special
Judge erred in passing the impugned order which requires
interference by this Court. The appellants - accused Nos.
1 and 2 have made out grounds for setting aside the
impugned order and grant of bail.
8. In the result, the following
ORDER
The appeal is allowed.
The impugned order dated 31.08.2024 passed in
Crl.Misc.No.7418/2024 by the LXX Additional City Civil and
Sessions Judge and Special Judge, Bengaluru is set aside.
Consequently, the appellant Nos.1 and 2 - accused Nos. 1
and 2 are ordered to be released on bail in crime No.
425/2023 Bagalagunte Police Station subject to the
following conditions:
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shall execute a personal bond for a
sum of Rs.1,00,000/- each (Rupees
One Lakh only) with one surety for the
likesum to the satisfaction of the
jurisdictional Court.
shall not threaten the prosecution
witnesses.
shall not tamper the prosecution
witnesses.
shall attend the Court on all dates of
hearing unless exempted and
cooperate in speedy disposal of the
case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS, DSP
