Karnataka High Court
Rachapalli Dileepkumar Reddy @ Dileep ... vs State Of Karnataka on 28 January, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:3794
CRL.P No. 335 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 335 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
RACHAPALLI DILEEPKUMAR REDDY
@ DILEEP KUMAR
(WRONGLY SHOWN AS RACCHAPLLI
DILEEP KUMAR REDDY IN FIR)
S/O RAJAPALLI SUBBAREDDY,
AGED ABOUT 29 YEARS,
R/AT MUNESHWARA EXTENSION,
SHANTHINAGAR,
TUMAKURU CITY-572 102.
ALSO RESIDING AT:
#52/75B, KOTTAPETE,
RAMAPURAM, RAYACHOTI TOWN,
ANNAMAYYA DISTRICT,
ANDHRA PRADESH-516 269.
Digitally ...PETITIONER
signed by
LAKSHMI T (BY SRI. VENKATA REDDY S.K., ADVOCATE)
Location:
High Court
of Karnataka AND:
STATE OF KARNATAKA
BY WOMEN POLICE STATION,
TUMAKURU,
TUMAKURU DIST.-572 103.
REPT. BY SPL. PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU CITY-560 001.
...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
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NC: 2025:KHC:3794
CRL.P No. 335 of 2025
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO ALLOW THIS PETITION AND ORDER TO
RELEASE THE PETITIONER ON BAIL, IN CR.NO.201/2024, FOR
THE OFFENCES PUNISHALBE U/SEC. 64, 69, 74, 115(2),
351(2) OF 'THE BHARATIYA NYAYA SANHITHA (BNS), 2023, ON
THE FILE OF THE RESPONDENT POLICE/WOMEN POLICE
STATION, TUMAKURU, WHICH IS NOW PENDING ON THE FILE
OF II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C., TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This petition under Section 483 of BNSS, 2023 is
preferred by the petitioner praying to enlarge him on bail
in Crime No.201/2024 of Tumakuru Women Police Station,
registered for offences punishable under Section 64, 69,
74, 115(2), 351(2) of BNS, 2023.
2. Heard both sides and perused the material on
record.
3. In the complaint lodged by the victim she has
alleged that the petitioner with a false pretext of marriage
committed sexual intercourse with her and later refused to
marry saying that he has already seen a girl and her
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family members are ready to give him dowry of 25 lakhs.
It is further alleged that when the victim insisted him to
marry, petitioner threatened her saying that she will be
killed and also assaulted her etc.
4. Learned High Court Government Pleader has
contended that the allegations are serious in nature and
investigation is still under progress and therefore, if the
petitioner is enlarged on bail, he may try to derail the
investigation and also threaten the victim and other
prosecution witnesses. He has therefore sought to dismiss
the petition.
5. A perusal of the complaint averments show that
the victim while working as an outsourcing employee at
SBI Bank, Kuvempunagar, Tumkuru, got acquainted with
the petitioner who was also working in the same bank as
an Associate. She has stated that for the last 1 ½ years
they were in love with each other and she accompanied
the petitioner to various places. It is alleged that on the
pretext of marriage he took her to one Sri Sai Nilaya, the
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place where he was residing and committed sexual
intercourse with her and thereafter on several occasions
repeated the said act, however, refused to marry.
6. The complainant is aged about 26 years. As
per complaint she was in love with the accused for the last
1 ½ years. The complaint averments would disclose that
she accompanied the accused to various places and the
place where he was residing. The allegations that the
accused has committed sexual intercourse with a promise
of marriage etc., is a matter which has to be established in
due course. The prosecution has to establish that the
consent if any given by the victim was under
misconception of fact.
7. Learned counsel for petitioner has relied on a
judgment of the Hon'ble Apex Court in Dr.Dhruvaram
Mulidhar Sonar v. State of Maharashtra and others
reported in (2019) 18 SCC 191, to contend that
conscious decision of victim to be involved in sexual
relationship with the accused without pressure or
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misconception on part of accused and relationship not
involving passive submission of victim in such cases
offence of rape is not made out.
8. In Deepak Gulati V. State of Haryana (2013) 7
SCC 675, it is held that, there must be material to show
that at the initial stage itself, accused had no intention
whatsoever, of keeping his promise to marry the victim.
The Hon'ble Apex Court has observed in the above
decision that there may be a case where the prosecutrix
agrees to have sexual intercourse on account of her love
and passion for the accused and not solely on account of
the misconception created by accused, or where an
accused, on account of circumstances which he could not
have foreseen or which were beyond his control, was
unable to marry her despite having every intention to do
so and such cases must be treated differently.
9. The prosecution has to establish that the
accused had malafide intention and clandestine motives
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and with such an intention, he committed sexual
intercourse with the victim.
10. Petitioner was arrested on 10.12.2024 and he is
in judicial custody since then. He is not required for further
interrogation. He has undertaken to furnish sufficient
surety for his release to ensure his regular presence
before the trial Court. Hence, by imposing conditions,
petitioner can be released on bail. Accordingly, the
following:
ORDER
(i) Petition is allowed.
(ii) Petitioner/accused in Crime No.201/2024 of
Tumakuru Women Police Station, Tumakuru, shall be
enlarged on bail, subject to following conditions:
1. He shall execute a personal bond in a
sum of Rs.1,00,000/- (Rupees One
Lakh only) with a surety for the likesum
to the satisfaction of the jurisdictional
Court.
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2. He shall furnish proof of his
residential address and shall inform
the Court, if there is change in the
address.
3. He shall not directly or indirectly
tamper with the prosecution
witnesses.
4. He shall not indulge himself in
committing any offence.
5. He shall appear before the trial Court
regularly on all dates of hearing.
Violation of any of the above condition shall result in
cancellation of bail.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
Ct:ra
