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K.Kiran, S/o Kumara vs State of Karnataka

Karnataka High Court · Decided on 27 March 2017 · Citation: (2017) 03 KAR CK 0286

HON’BLE JUDGES
Anand Byrareddy
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-376>Section 376</a>, <a href=1767-417>Section 417</a>, <a href=1767-366A>Section 366A</a> - Punishment for rape - Punishment for cheating - Procuration of minor girl · <a href=14287>Protectio
RESULT
Allowed
CASE NUMBER
8503 of 2016
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Judgment

7 paragraphs · 365 words
1.

The present petitioner is accused of offences punishable under Sections 366A, 376 and 417 of the Indian Penal Code, 1860 (Hereinafter referred to as the ''IPC'', for brevity) along with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

2.

It transpires that according to the complainant, who was the father of the alleged victim, his daughter was missing from 31.10.2015, when she had left for college at 9am, as she was a student of I Year Second Year Pre-University Course at the Government College at Anegola, but she had failed to return home. After futile search for her, on the next day, a written complaint was lodged. Since the complainant had suspected that the present petitioner may have induced and taken away his daughter, he had named him as the accused. It is only two months later that the accused was arrested and the victim had been brought home. On recording the statement of the victim that she was forcibly taken away by the petitioner and he had committed rape on her repeatedly and had kept her captive, that a case has been registered against the petitioner. Since the prosecution will certainly have to prove that it was possible for the petitioner to kidnap an almost grown-up adult and keep her captive and to forcibly have sex and keep watch over her and prevent her from raising alarm or seeking help of the people is difficult to fathom and therefore, the prosecution will have to establish beyond reasonable doubt that it was not a case of consensual sex. Accordingly, the petitioner is entitled to grant of bail.

3.

The petition is allowed. The petitioner shall be released on bail on his executing a self bond in a sum of Rs.50,000/- with a surety for a like sum to the satisfaction of the court below, subject to the following conditions:

(ii) The petitioner shall not tamper or prevail upon the prosecution witnesses in any manner.

(iii) The petitioner shall attend the court on all dates of hearing.

(iv) The petitioner shall not leave the jurisdiction of the court below without prior permission.

(v) The petitioner shall cooperate with the Investigating Authority.