BHASKAR ACHARYA vs STATE BY KOTA POLICE STATION

This is the petition by the petitioner-accused filed

under Section 439 of the Criminal Procedure Code

seeking to release him on bail for the alleged offences

punishable under Sections 376, 506 of the Indian Penal

Code and under Sections 3(1) (w) (i) (ii), 3 (2) (v), 3 (2) (v-

a) of S.C & S.T. (POA) Act, 1989 registered in

respondent''s police station in Crime No.281/2017.

Brief facts of the prosecution case as per the

complaint averment that the victim girl is the

complainant in this case by name Geetha. In her

complaint she has stated that she is residing with her

mother and sisters. All are doing coolie work. The

complainant studied up to 5th Standard. During the year

2016 the complainant has undertaken construction of

house. Therefore, the petitioner Bhaskar Acharya came

to complainant''s house for carpenter work, then the

complainant developed friendship with the petitioner-

accused. During December 2016 at about 3:00 pm the

accused committed rape on the complainant in the

complainant''s house without her consent and against her

will. Subsequently, because of the physical relationship

between the complainant and the petitioner, the

complainant became pregnant and on 23.09.2017

complainant delivered a female baby at Government

hospital. On the background of this facts on 24.09.2017

the respondent police gone to the Government hospital,

taken the statement of the complainant in the hospital.

On the basis of said complaint, FIR has been registered

to the alleged offence and petitioner came to be arrested

on 25.09.2017, till today he is in custody.

Heard the arguments of the Learned Counsel

appearing for the petitioner-accused and also the learned

High Court Government Pleader for the respondent-State.

Learned Counsel for the petitioner made a

submission that the petitioner use to go to the house of

the complainant for attending the carpenter work and the

complainant as well as the petitioner were having the

close acquaintance they were talking together. Learned

counsel submitted that if at all the alleged offence took

place on 01.12.2016, nothing prevented the complainant

immediately to file a complaint making the allegations

which is not done in this case and complaint came to be

filed only on 24.09.2017. Therefore, there is a delay of

nearly nine months in lodging the complaint which is not

explained properly by the prosecution. The counsel also

made a submission that false case has been booked

against the present petitioner. Now the investigation of

the case is completed and charge sheet is also filed, he is

in custody from the date of his arrest. The charge sheet

is also filed and only the DNA report is awaited. Hence,

the learned counsel submitted, by imposing reasonable

conditions, the petitioner may be enlarged on bail.

Per contra, the learned High Court

Government Pleader opposed the bail petition contending

that looking to the prosecution material so also the

allegations in the complaint, it is stated by the victim girl

that the present petitioner committed forcible sexual

intercourse on her. Regarding delay also the learned

High Court Government Pleader submitted that in the

complaint itself there is explanation for the said delay.

He also made a submission that when the complaint was

lodged, she was carrying the pregnancy and now she

delivered a female baby and the DNA report is awaited.

Hence, he submitted in view of these materials and since

the medical records goes to show doctor who examined

the victim girl is of the opinion that her mental condition

is also affected and that was the reason that the learned

JMFC Court also not recorded her statement under

Section 161 of the Criminal Procedure Code. Hence, he

submitted if the DNA report is received, it will clearly

clinches the issue. Hence, he submitted at this stage the

petitioner is not entitled to be granted the bail.

I have perused the grounds urged in the bail

petition, FIR, complaint and also the other material

produced in the case. Looking to the complaint

averments which is by the victim girl herself, there is a

clear allegation that the present petitioner came to her

house and he took her forcibly into the room of the house

and he made her to lay on a corner of the said room. He

himself made the nightie upwards, removing under

garments forcibly committed sexual intercourse on her.

For her protest for the said act, the petitioner threatened

her that in case if she discloses the said fact before

anybody, he will commit her murder. She has also

mentioned in the complaint specifically because of this

reason only, she has not informed about the same to the

family members. And when she conceived and when that

was also brought to the notice of the petitioner again, he

threatened her informing that not to tell anybody.

Therefore, looking to the materials at this stage, no doubt

as submitted by the learned counsel appearing for the

petitioner, there is a delay in lodging the complaint, but

for the present there is an explanation offered by the

complainant herself in the complaint for the said delay.

Ultimately, it is for the trial court whether to accept or

not to accept the reason but, prima-facie at this stage

some explanation has been offered by the complainant

for the said delay. Apart from that as submitted by the

learned High Court Government Pleader the victim girl

has already delivered a female baby and the DNA report

is still awaited. When that is so, at this stage without

looking into the DNA report and in view of the materials

placed on record, at present I am of the opinion that the

petitioner is not entitled to be granted with bail.

Accordingly, petition is rejected. However, liberty

is given to the petitioner to move the concerned court

after receipt of the DNA report.