Kalkappa vs The State of Karnataka

K.N. Phaneendra, J.—Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - State. Perused the records.

The Kustagi police have registered a case against the petitioner for the offences punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as I.P.C. for brevity) and Section 3(1)(11) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ''the Act'' for brevity) in Crime No. 179/2013 on the complaint lodged by One Smt. Renuka W/o. Devappa Guggalamari of Gotagi village, Kustagi taluk. In the complaint it has been alleged that on. 05.11.2013 at about 10 a.m. petitioner has wrongfully entered into the house of complainant, after coming to know that there was nobody in the house, and has committed forcible sexual intercourse with the complainant against her will. Thereafter he has threatened the complainant with dire consequences if has disclosed about the matter to her brother and other persons in the village. It appears that, after four days a complaint has been lodged against the petitioner.

The learned counsel for petitioner has rightly contended that there is a delay of four days in lodging the complaint and nobody knows as to what transpired during these days and there is no proper explanation with regard to lodging a complaint so belatedly. The learned counsel for petitioner has also drawn my attention to the charge sheet papers, particularly the medical certificate pertaining to the victim as well as the accused. On careful perusal of the medical certificates produced by complainant, it discloses that complainant and accused have not suffered any injuries. The Doctor has specifically mentioned that evidence of recent signs of sexual inter-course were not seen. Clothes of complainant were also collected and sent for F.S.L. Examination. The F.S.L. report is not yet received by the police. The medical certificate pertaining to the "petitioner also shows that there were no injuries on any part of his body and semen was not found on the clothes of petitioner. Complainant is a widow aged about 32 years and she is having four children. At this stage, in my opinion, no interference can be drawn as to whether the petitioner has forcible sexual intercourse with complainant or it was with the consent of complainant, as there are no injuries to the complainant or to the petitioner. Charge sheet has already been filed. Petitioner has been arrested on 11.11.2013 and since then he has been in judicial custody. The allegation of rape has to be established during the course of trial beyond all reasonable, doubt. Under the above said circumstances, petitioner has made out a ground for grant of bail. Hence, the following order is passed:

ORDER

Petition filed u/s 439 of Cr.P.C. is hereby allowed. Consequently, the petitioner shall be released on bail, subject to the following conditions:

i) Petitioner shall execute a personal bond for a sum of Rs. 50,000/- with one solvent surety for a likesum to the satisfaction of Committal/trial Court, as the case may be.

ii) Petitioner shall not indulge himself in hampering the investigation or tampering the prosecution witnesses.

iii) Petitioner shall attend the Court on every date of hearing without fail, unless prevented by any genuine cause.

iv) Petitioner shall not leave the jurisdiction of trial Court without prior permission, till the case registered against him is disposed of.