Rajashekara vs State Of Karnataka & Ors.

H.P. Sandesh, J

Heard learned counsel for the appellant and learned counsel for the respondent-State.

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 not attract the offence under Sections 376 IPC, since the victim girl went along with the accused voluntarily to a hotel.

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.

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 and the offence under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 attracts. Hence, not entitled for bail.

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.

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) 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.