SRI SHAIK NAVEEZ vs STATE OF KARNATAKA

This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under

Sections 376, 417 and 506 of IPC, registered in respondent - police station in Crime No. 98/2017.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader

appearing for the respondent-State.

Perused the grounds urged in the bail petition, F.I.R., complaint and other material produced in the case.

Looking into the complaint averments, it is seen that one Rafiya Sulthana filed a complaint on 24.10.2017 before the respondent-Police stating

that when she was studying S.S.L.C. in Siddarta High School, P.H. Colony, Tumkur, she fell in love with Shaik Naveez, who was her classmate

and also resident of P.H. Colony. She was in love with Shaik Naveez from past eight years and both of them had developed physical contact. It is

further alleged that 20 days ago, Shaik Naveez had forcibly committed rape on her. Further it is alleged that Shaik Naveez had committed sexual

intercourse on her by making false promise of marrying her. Subsequently when she asked him to marry her, he refused to marry and further stated

that if she marries him he would kill her. The elders in the area had a panchayath and tried to settle the issue but it went in vain. On the basis of said

complaint, the case came to be registered for the alleged offence.

Learned counsel for the petitioner produced a copy of the charge-sheet and he drew the attention of this court to page 52 of the charge-sheet,

wherein it is seen that earlier the father of the victim girl also filed a complaint dated 12.10.2017, wherein it is stated that the petitioner is loving the

daughter of the complainant since eight years and also by stating that he will marry her was moving with her to many places. Further it is stated that

whenever the complainant wanted to find a bride-groom for his daughter, the petitioner was telling the persons that he will marry Rafiaya Sulthana

and thereby was preventing any alliance to take place. It is further stated that when the elders had a panchayat and called the petitioner, the

petitioner said that it is not possible for him to marry the daughter of the complainant. At his reply, the victim girl stated before the panchayat that in

case she has to marry, she will marry the petitioner only. The Investigating Officer recorded the statement of the petitioner, wherein the petitioner

has stated that since eight years they are friends and they were loving each other, but for some reasons it is not possible for him to marry the said

girl and only he and Rafiya Sulthana will take a decision in the matter. Subsequently, the present complaint came to be filed by Rafiya Sulthana

making the aforesaid allegations.

Perusing the entire charge sheet and the material placed on record, it goes to show that there was a love affair between the petitioner and the

complainant and they were moving together and had bodily contact with each other. No doubt, the medical records goes to show that the hymen

was ruptured and was in irregular shape, but it is to be noted that the complainant is of the age of 27 years as it is mentioned in the complaint and

they had sexual intercourse number of times and prima facie, the material at this stage goes to show that it is consensual in nature. The petitioner

has denied the allegations made in the complaint and contended that he has been falsely implicated in the case and he also undertakes to abide by

any conditions to be imposed by this Court. The alleged offences are triable by the Magistrate Court. Hence, petition is allowed.

Petitioner/accused is ordered to be released on bail for the offence punishable under Sections 376, 417 and 506 of IPC, registered in respondent -

police station in Crime No. 98/2017, subject to the following conditions:

i. Petitioner shall execute a personal bond for Rs1,00,000/- and shall furnish one 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.

iii. Petitioner has to appear before the concerned Court regularly.