Kumara vs State Of Karnataka

S Vishwajith Shetty, J

Accused in Crime No.59/2024 registered by Bilichodu Police Station, Davanagere District for the offences punishable Sections 354(B), 448, 323, 509 & 506 of IPC is before this Court under Section 438 of Cr.P.C.,.

Heard the learned counsel for the parties.

FIR in Crime No.59/2024 was registered by the Bilichodu Police Station, Davanagere District against the petitioner herein for the aforesaid offences on the basis of first information dated 18.05.2024 received from the victim girl, aged about 22 years. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.513/2024 before the jurisdictional Sessions Court, which was rejected on 14.06.2024. Therefore, he is before this Court.

Learned counsel for the petitioner submits that petitioner and the victim girl are relatives. For a extraneous reasons, a false complaint has been filed against the petitioner making false allegations. He submits the petitioner is ready and willing to cooperate with the Police. The petitioner is an agriculturist having no criminal antecedents. Therefore, he prays to allow the petition.

Per contra, the learned HCGP has opposed the bail application and submits that serious allegations are made against the petitioner and in spite of the family members of the victim warning him, he has continued with his acts and the same has caused hardship and embarrassment to the victim and her family members. Accordingly, she prays to dismiss the petition.

From perusal of the averments made in the first information dated 18.05.2024, it is found that, the petitioner and the victim girl are relatives and allegation against the petitioner is that he was stalking the victim and used to come near her hostel and college, in which the victim girl was studying. After the victim girl informed the same to her relatives, they had adviced the petitioner and he had undertaken not to continue his behaviour. Thereafter, on 17.05.2024 at about 9.30 a.m, when the victim girl was alone in her house, the petitioner entered into her house and having caught hold of her, tried to sexually assault her and when she raised a cry, he ran away from the house. It is in this background, FIR has been registered against the petitioner for the aforesaid offences. The petitioner is an agriculturist without any criminal antecedents and he is a relative of the victim girl. The maximum punishment for the alleged offences is imprisonment for a period of 7 years. The petitioner has undertaken to cooperate with the police for investigation. Therefore, the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively subject to appropriate conditions.

Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.59/2024 registered Bilichodu Police Station, Davanagere District for the offences punishable Sections 354(B), 448, 323, 509 & 506 of IPC subject to the following conditions:

The petitioner shall appear before the Investigating Officer in the present case on 08.08.2024 at 10.00 a.m, and if necessary, Investigating Officer shall take the petitioner to custody for the purpose of interrogation on the said date but it is made clear that the Investigating Officer shall release the petitioner on the very same date on or before 6.00 p.m,

The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer.

The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

The petitioner shall not involve in similar offences in future.