Sadaqath Ali vs State Of Karnataka

K. N. Phaneendra, J

Learned High Court Government Pleader is directed to take notice for respondent â€" State.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent â€" State and perused the records.

The petitioner had approached this court earlier in Criminal Petition No.7880/2019 for grant of anticipatory bail in connection with Crime

No.141/2019 of Vijayapura Police Station, Bengaluru Rural District for the offence punishable u/s.417, 376, 504, 506 read with Section 34 of IPC.

This Court has rejected the said bail petition on the ground that the investigation was still in the preliminary stage. In fact, the accused/petitioner was

arrested and he has been sent to judicial custody.

The brief allegations are that:

The complaint came to be lodged by a divorced lady against the petitioner and others on the allegation that the petitioner proposed to marry her and

thereafter, he persuaded her and they went to various places and they had physical contact with each other. A2 alleged to have recorded the video of

the activities of the petitioner and the victim, and on the basis of that they were threatening the victim with dire consequences etc.. The accused has

been in judicial custody since more than 2 ½ months. and the investigation by this time would have been completed.

Learned High Court Government Pleader submitted that the cross examination has not yet completed and further, A2 was granted with anticipatory

bail, was arrested by the jurisdictional police and released on bail.

In the above said facts and circumstances and looking to the conduct of the petitioner as well as the victim, it has to be established during the

course of full dressed trial that the activity between the petitioner and the victim was without her consent and against her Will in order to attract

Section 376 of IPC. Considering the nature of allegations and the facts of the case, and as the petitioner was already arrested and he has been in

judicial custody, I am of the opinion that, the petitioner has made out a ground for grant of bail particularly u/s.439 of Cr.PC. Hence, the following:

ORDER

The Petition is allowed. Consequently, thecpetitioner-accused shall be released on bail in connection with Crime No.141/2019 of Vijayapura Police

Station, Bengaluru District, pending on the file of the Addl. Civil Judge (Jr. Dn.) & JMFC, Devanahalli, Bengaluru Rural District. for the alleged

offences, subject to the following conditions:

(1) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) only with two sureties for the likesum to the

satisfaction of the jurisdictional court.

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

(3) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause or

reason.

(4) 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.

(5) The petitioner shall appear before the investigating officer for investigation as and when required.

The jail authorities are directed to conduct medical examination on the accused before his release, in view of Pandemic COVID-19.