Karnataka High Court
Rajashekara vs The State Of Karnataka on 4 March, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2025:KHC:9106
CRL.A No. 241 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL APPEAL NO. 241 OF 2024
BETWEEN:
1. RAJASHEKARA
S/O RAMESH
AGED ABOUT 32 YEARS
R/A NO.3/608
GANAJURU VILLAGE
SULAGIRI TALUK
KRISHNAGIRI DISTRICT
TAMILNADU - 635103.
...APPELLANT
(BY SRI. VINAYAK VAMANRAO KULKARNI, ADVOCATE)
AND:
Digitally signed 1. THE STATE OF KARNATAKA
by DEVIKA M BY HAL POLICE STATION
Location: HIGH REPRESENTED BY
COURT OF STATE PUBLIC PROSECUTOR
KARNATAKA HIGH COURT COMPLEX
BENGALURU - 560 001.
2. KUMARI KOLLA SOWJANYA
D/O LATE KOLLA ANAJEYALU
AGED ABOUT 23 YEARS
R/AT SRI RAKSHA LADIES PG
MUNEKOLLALA, MARATHAHALLI
GULMOHAR STREET
BENGALURU -560 078
-2-
NC: 2025:KHC:9106
CRL.A No. 241 of 2024
PRESENTLY RESIDING AT
RAPTHADU VILLAGE,
MUTTHU TALUK
ANANTHAPUR DISTRICT,
ANDHRA PRADESH-510 051
PH NO: 6309393572
...RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 - SERVED)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF
SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED
25.01.2024 PASSED BY HON'BLE LXX ADDL. CITY CIVIL AND
SESSIONS JUDGE, AND SPL.JUDGE AT BENGALURU IN
C.MISC.NO.381/20242 AND TO ENLARGE THE APPELLANT ON
BAIL PERTAINING TO CR.NO.958/2023 OF HAL P.S., PENDING
ON THE FILE OF HON'BLE LXX ADDL. CITY CIVIL AND
SESSIONS JUDGE AND SPL.JUDGE AT BENGALURU FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 376, 406, 417 OF
IPC AND SECTION 3(2)(v) AND 3(1)(s) OF SC/ST (POA) ACT.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard learned counsel for the appellant and learned
counsel for the respondent-State.
2. The present appeal is filed to set aside the order
dated 25.01.2024 passed in Crl.Misc.No.381/2024 on the file of
LXX Additional City Civil and Sessions Judge and Special Judge
at Bengaluru (CCH No.71) and to enlarge the appellant on bail
on the ground that offences invoked against the appellant does
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not attract the offence under Sections 376 IPC, since the victim
girl went along with the accused voluntarily to a hotel.
3. Learned counsel for the appellant would contend
that when the complaint itself clearly disclose that she herself
gave consent for sexual act. The counsel also contends that
investigation has been completed and charge-sheet is filed and
this appellant is in custody from last 14 months and question of
tampering the prosecution case does not arise and any
condition may be imposed to enlarge the appellant on bail.
4. Per contra, learned HCGP for the respondent No.1-
State would submit that he has filed statement of objection and
contend that victim went to Yeshwanthapur Railway Station to
commit suicide and the same was noticed by the police and
took her to police station and when an attempt was made to
secure this appellant, he locked his phone number and contend
that the accused had promised to marry her and subjected her
for sexual act. He also would contend that this appellant is a
married man and he married in the year 2022 and subjected
this victim for sexual act in the year 2023. He would further
contend that victim girl belongs to downtrodden community
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and the offence under Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989 attracts. Hence, not
entitled for bail.
5. Having heard learned counsel for the appellant and
learned HCGP for the respondent No.1-State and particularly,
taking note of complaint averments, it discloses that both of
them were working together in the same office and having
acquaintance with each other and the appellant had proposed
for marriage and thereafter, he used to take her to a room to
subject her for sexual act with a promise to marry her. Though
she refused for sexual act, she was subjected to sexual act on
17.11.2023 and 21.11.2023 at Royal Inn Room at ITPL Main
Road and again in Petun IA Boutique hotel and he used to
delete whatsapp chats by taking her mobile and thereafter, he
evaded her, only on the ground that she belongs to
downtrodden community. Hence, the police have invoked the
offence under Sections 376, 406, 417 of IPC and Section
3(2)(v) and Section 3(1)(s) of Scheduled Caste and Scheduled
Tribe (Prevention of Atrocities) Act, 1989 and registered the
case and investigated the matter and filed the charge-sheet.
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6. Having considered the grounds urged in the appeal
and also complaint, the document produced by the respondent
No.1-State disclose that Doctor has opined that it cannot be
ruled out that she has not been subjected to sexual act. Having
considered the factual aspects and case was registered and first
incident was dated 11.11.2023 to 21.11.2023 in different
rooms and the accused and victim went together and the
accused subjected her for sexual act. Having taken note of said
fact into consideration and subsequently, complaint was lodged
and when material is found in the complaint and police have
registered the case and now investigation has been completed
and charge-sheet is filed, it is appropriate to enlarge the
appellant on bail, subject to imposing certain conditions to
protect and safeguard the interest of the prosecution. Hence, I
pass the following:-
ORDER
The Criminal appeal is allowed. Consequently, the
appellant/accused shall be released on bail in Crime
No.958/2023 of H.A.L. Police Station, Marathahalli Sub Division,
Bengaluru City, registered for the offence punishable Sections
376, 406, 417 of IPC and Section 3(2)(v) and Section 3(1)(s)
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of Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, subject to the following conditions:
(i) The appellant shall execute personal bond for
a sum of Rs.2,00,000/- (Rupees Two Lakhs
only) with two local sureties for the like-sum
to the satisfaction of the Trial Court.
(ii) The appellant shall not indulge in tampering
the prosecution witnesses.
(iii) The appellant shall appear before the
jurisdictional Court on all the future hearing
dates, unless exempted by the Court for any
genuine cause.
(iv) The appellant shall not leave the jurisdiction
of the Trial Court without prior permission of
the Court, till the case registered against him
is disposed of.
Sd/-
(H.P.SANDESH)
JUDGE
ST
