S. Sundar vs State of Karnataka

Budihal R.B., J.—This petition is filed by the petitioner/accused u/s 438 of the Cr.P.C., seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of arrest of the petitioner for the alleged offences punishable under Sections 376 and 506 of the IPC registered by respondent police station Crime No. 583/2013. The brief facts of the prosecution case as per the averments of the complaint are that the complainant is residing separately from her husband since 4 years. She had two children by name Nithish Kumar and Shiresh. She is doing flower vending business and also working as maid servant. She used to sell flowers at Shiva temple and also used to give flowers to houses. During the said time, the petitioner got acquaintance with the complainant. He suggested to admit the children of the complainant at Kerala Niketan School. Complainant accompanied the petitioner and got admitted to the school. As the earning of the complainant was not enough, the petitioner suggested her to work in his office called as B-2 Media Public Relations and assured to pay salary of Rs. 3,500/- per month. The complainant joined the office on 14.6.2011. The petitioner was alone in the said office and initially he gave salary for two months. In the third month, the petitioner had sexual intercourse with the complainant and it continued for a period of two years. When the complainant requested for salary, the petitioner stated to secure the same in her account. He also threatened to take away the life of the complainant and her children, if the matter is disclosed. On the basis of the said complaint, case has been registered against the petitioner.

Heard the arguments of the learned counsel appearing for the petitioner and also the arguments of the learned High Court Government Pleader for the respondent-State.

The learned counsel for the petitioner submitted that there is no prima case made out to show the involvement of the petitioner in the commission of the alleged offence. He further made the submission that the petitioner has been falsely implicated for extraneous consideration. He submitted that petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he submitted to admit the petitioner to bail.

As against this, the learned High Court Government Pleader submitted that the material on record goes to show there is prima facie case against the present petitioner. He submitted that the offence alleged against the petitioner is serious in nature and the case is still under investigation. Hence, he submitted that petitioner is not entitled to be released on bail.

I have perused the averments made in the bail petition, FIR, complaint and other material placed on record. Looking into the averments in the complaint, there is no mention as to on which particular date the alleged offence has been committed. It is simply mentioned in the complaint that in the third month when she was attending to the work in the office there is a rape on her. It is also mentioned that petitioner continuously raped her for a period of two years. I have also perused the medical report produced by the learned High Court Government Pleader. It is mentioned in the medical report that patient not ready for examination and below that it is mentioned as 9.15 p.m. on 25.10.2013. The material will not inspire confidence of this Court regarding prima facie case as against the present petitioner. The material also goes to show that the case is motivated. I have also perused the order relied upon by the learned counsel for the petitioner dated 29th May 2006 passed in Criminal Petition No. 1158/2006. Therefore, looking into the material on record, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioner/accused. Accordingly, the petition is allowed. The respondent-police are directed to admit the petitioner on bail in the event of arrest of the petitioner for the alleged offence punishable under Sections 376 and 506 of the IPC registered in respondent-police Crime No. 583/2013, subject to the following conditions;

i) The petitioner shall execute a personal bond for a sum of Rs. 50,000/- with one solvent surety for the likesum to the satisfaction of the concerned Court.

ii) Petitioner shall not tamper with any of the prosecution, witnesses directly or indirectly.

i) Petitioner has to make himself available before the investigating officer for investigation whenever called for.

ii) Petitioner shall give attendance before the respondent-police station on every Sunday between 10 a.m. and 11 a.m., till the completion of the investigation.

iii) Petitioner shall appear before the concerned Court within 30 days from the date of receipt of a copy of this order to execute the personal bond and surety bond.