Karnataka High Court
Youraj vs The State Of Karnataka And Anr on 10 April, 2024
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NC: 2024:KHC-K:2958
CRL.P No. 200129 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
CRIMINAL PETITION NO.200129 OF 2024 (439)
BETWEEN:
YOURAJ S/O ANGUDRAO JAMKHANDE,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O DEVNAL VILLAGE,
TQ. HULSOOR,
DIST. BIDAR.
...PETITIONER
(BY SRI GANESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH
HULSOOR POLICE STATION, DIST. BIDAR,
Digitally signed by REPRESENTED BY ADDL. SPP,
KHAJAAMEEN L
MALAGHAN HIGH COURT OF KARNATAKA,
Location: HIGH KALABURAGI BENCH-585103.
COURT OF
KARNATAKA
2. SMT. MUSKAN BANU D/O MD AKBAR PATHAN,
AGE: 19 YEARS, OCC: HOUSE HOLD,
R/O DEVNAL VILLAGE, TQ. HULSOOR,
DIST. BIDAR.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
SRI SHARANAGOUDA V. PATIL, ADVOCATE FOR R2)
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NC: 2024:KHC-K:2958
CRL.P No. 200129 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO, ALLOW THE PETITION THERE BY
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.4/2024,
PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC
COURT AT BASAVAKALYAN REGISTERED BY THE HULSOOR
POLICE STATION, FOR THE OFFENCES U/SEC. 376(2)(N) OF
IPC.
THIS PETITION, COMING ON FOR DICTATING ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking enlargement of the petitioner on bail in Crime No.4/2024 of Hulsoor Police Station, which is registered for the offence punishable under Section 376(2)(n) of IPC.
2. The Hulsoor Police registered the case in the above crime number on the basis of the complaint filed by the victim, who states that she is aged about 19 years and her father had died about two years back and she was staying with her brother and sisters, who are younger to her and also her mother. It is stated that about 5 months prior to the filing of the complaint, when she was going to -3- NC: 2024:KHC-K:2958 CRL.P No. 200129 of 2024 her land at Shivara Devanal village at about 12.00 noon, the accused called her, held her hand and took her to his land and after closing her mouth, had raped her forcibly. It is stated in the complaint that the complainant did not inform the same to her mother since her mother would scold her. Similar incident occurred on two other occasions when the complainant was going to her land. When the complainant became pregnant by four months, it was noticed by the mother and therefore she came to the police station and lodged the complaint stating about the incidents. On the basis of the above complaint, the case came to be registered by the police and investigation was launched. During investigation, the accused/petitioner was arrested and he was remanded to judicial custody.
3. The petitioner has approached this Court seeking regular bail contending that he has been implicated in the case falsely, and that there is inordinate delay in filing the complaint. It was contended that before filing the complaint, the complainant had assaulted many -4- NC: 2024:KHC-K:2958 CRL.P No. 200129 of 2024 others and it was deliberate attempt by the complainant to implicate the petitioner. The delay of 5 months has not been properly explained by her and therefore there is no reason to believe such an offence was committed by the petitioner. It is stated that the petitioner is aged about 28 years and he is bread earner of his family and therefore the petitioner may be granted the bail.
4. Learned High Court Government Pleader appearing for the respondent submits that the petitioner has his land adjacent to the land of the family of the complainant and while the complainant was going to her land, she was pulled to the land of the accused and she was raped. It is submitted that taking advantage of the fact that there was no elders in the family of the complainant, except her mother, the accused has misused the complainant and only when she became pregnant, she could disclose the incident to her parents and thereafter she has filed the complaint. Therefore, it is submitted that there is sufficient reason assigned for delay in filing the -5- NC: 2024:KHC-K:2958 CRL.P No. 200129 of 2024 complaint. It is submitted that during investigation, the investigating officer has recorded the statements of the witnesses and the complainant had also reiterated her version before the learned Magistrate when her statement under Section 164 of Cr.P.C. was recorded. Therefore, the learned High Court Government Pleader has sought for dismissal of the petition.
5. The learned counsel appearing for the respondent No.2-complainant submits that there is prima- facie material against the petitioner and the accused had misused to the hapless position of the victim and that he was owner of the adjacent property of the complainant. It is contended that the accused had misused the complainant not on one occasion but on several occasions under the threat. It is submitted that the complainant has given birth to a female child on 17.02.2024 and the medical records, including the DNA report show that the accused is the biological father of the child born to the complainant.
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NC: 2024:KHC-K:2958 CRL.P No. 200129 of 2024
6. A careful perusal of the petition coupled with the charge sheet papers would show that the complainant was subjected to sexual intercourse under threat. It is also evident that the incident had occurred when the complainant was going to her land. It is also evident that the accused was the owner of the adjoining land and he knew about the complainant and her family. Obviously the accused also knew that father of the complainant had died in the recent past to the said incident. It is evident that the accused had misused the vulnerable situation of the complainant. When the complainant clearly states that since she was afraid of being scolded by mother, she did not disclose and also that when she became pregnant, she had informed her mother and then had lodged the complaint, no fault can be found regarding her conduct. Obviously the alleged delay has been sufficiently explained by the complainant.
7. When there is material on record to show that the complainant has given birth to a child, of which the -7- NC: 2024:KHC-K:2958 CRL.P No. 200129 of 2024 petitioner is the biological father, nothing else is required to prove the sexual intercourse between the accused and the complainant. The only question that would remain is whether the sexual intercourse between the accused and the complainant was amounting to rape or not. When the complainant states in categorical terms that she was raped under threat, obviously, it is a matter which needs to be ascertained in the trial. There is nothing on record to show that the complainant had yielded to the sexual intercourse on her own, when she has stated before the learned Magistrate that she yielded to the accused under threat, it is not possible at present to hold that there is any ground to believe that no such incident had occurred. Therefore, this Court do not find any material to hold that the petitioner herein is entitled for the bail, more particularly when the vulnerable condition of the complainant is brought to the notice of this Court. Therefore, at present the petitioner is not entitle for any bail. Hence, the following:
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NC: 2024:KHC-K:2958 CRL.P No. 200129 of 2024 ORDER The petition is dismissed.
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JUDGE SMP List No.: 1 Sl No.: 23 CT:PK