Shaik Saddam vs State of Karnataka

Budihal R.B, J.—This petition is filed by petitioner/accused No. 1 u/s 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 417, 376, 506 r/w. Section 34 of IPC registered in respondent-police station Crime No. 44/2014.

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

I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record, so also, the decision reported in Anjinappa Vs. State of Karnataka, relied upon by the learned counsel for the petitioner herein.

As per the complaint allegations on 2.4.2014 the complainant appeared before the police and filed the complaint alleging that she had been to her relative Reshma''s house situated near Hosur Bande of Bagalur layout and stayed in her house for about one week in the year 2011. At that time, she was in contact with the petitioner. Subsequently, they acquainted with each other and used to speak on mobile phones. It is also alleged that the petitioner promised the complainant that he would marry her and after two months petitioner came to the complainant''s house and started to reside with her in the said house. During this period, he had forcible sexual intercourse with the complainant. In the month of October 2012 by their physical contact the complainant became pregnant. Petitioner took the complainant to Bowring Hospital for check up and got aborted the child advising the complainant that he does not want the child till their marriage. The complainant and her mother went to the house of the petitioner and when they brought the said fact to the notice of family members of the petitioner, petitioner and his family members assaulted the complainant and her mother. But they had not filed the complaint at that time. Even thereafter, the petitioner used to visit the house of the complainant and continued the sexual relationship with her. As a result, complainant became pregnant and gave birth to a female child on 21.4.2014. On the basis of the complaint, case has been registered against the petitioner for the alleged offences.

Looking to the complaint allegations it is seen that the affair between the complainant and the petitioner has started from 2011 onwards. For a prolonged period of 2 1/2 years, the complainant and her mother kept mum and now in the year 2014 they have filed the complaint alleging that petitioner has committed the alleged offences. There is a long delay of 2 1/2 years in lodging the complaint and as submitted by the learned counsel for the petitioner, so also, the learned Government Pleader, now the investigation is completed and charge sheet has been filed. In the petition, petitioner has contended that there is a false implication and he is ready to abide by any conditions to be imposed by the Court. Looking to the materials on record and in view of completion of investigation and filing of charge sheet, petitioner can be admitted to bail by imposing reasonable conditions.

Accordingly, petition is allowed. Petitioner is ordered to be released on bail of the offences punishable under Sections 417, 376, 506 r/w. Section 34 of IPC registered in respondent-police station Crime No. 44/2014, subject to following conditions:-

(i) Petitioner shall execute a personal bond for a sum of Rs. 50,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.

(ii) He shall not intimidate or tamper with prosecution witnesses directly or indirectly.

(iii) He shall appear before the concerned Court regularly.