Rathish vs State Of Karnataka

K. N. Phaneendra, J

Heard the learned counsel for the petitioner, learned High court Government Pleader for the respondent State and perused the records.

It is seen from the records that the victim lady has filed a complaint stating that she belonged to Scheduled Tribe and on the assurance that he

would like to marry her and on that basis, it appears that physical contact developed between the accused and the victim girl. In this context, for a

period of more than six years, they have continued their contact and due to which, she conceived and when she was two months pregnant, she

requested the accused to marry her. It is also stated that the accused/petitioner has taken 28 grams of necklace and cash of Rs.1,50,000/- and the

accused returned an amount of Rs.50,000/- and refused to marry her on the ground that she belonged to Scheduled Tribe. On these allegations,

complaint came to be lodged on 28.2.2020. On which basis, the police have registered a case for the offences punishable under Sections 420, 506 of

IPC and also u/s.3(1)®(s) of SC and ST (Prevention of Attrocities) Act, 1989.

The petition is filed u/s.439 of Cr.PC. The accused/petitioner was already arrested and he has been in judicial custody from the date of his arrest.

The offences are not punishable either with death or life imprisonment.

On perusal, it appears from the complaint itself that there was a financial transaction between the parties. The alleged allegation of assurance of

marriage and having had physical contact by the accused and further that the victim only on such persuasion continued the physical contact with the

accused are the facts which have to be proved beyond reasonable doubt during the course of full dressed trial. The consent of the victim has to be

tested from the other surrounding circumstances during the trial.

Hence, I am of the opinion under the above said facts and circumstances of the case, the petitioner has made out a ground for grant of bail particularly

u/s.439 of Cr.PC. Accordingly, I pass the following:

ORDER

The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.104/2020 of Madanayakanahalli Police

Station for the alleged offences, pending on the file of the II Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, subject to the

following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.1 lakh (Rupees One Lakh only) with Two sureties for the like-sum to the satisfaction

of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall make himself available to the Investigating Officer as and when required for the purpose of further investigation.

(iv) The petitioner shall appear before the jurisdictional court as and when required unless he is exempted from the court for any genuine reasons.

(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed

of.