Karnataka High Court
Devaraju vs The State Of Karnataka on 3 September, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.7196/2022
BETWEEN:
DEVARAJU S/O. MUNIKRISHNAPPA,
AGED ABOUT 30 YEARS,
R/AT. NEAR YALLAMMA TEMPLE,
CHIKKAGOLLARAHATTI,
INDRA COLONY, LAKSHMIPURA,
BENGALURU NORTH,
BENGALURU-560123
...PETITIONER
(BY SRI. PRASANNA D.P., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY BYADARAHALLI POLICE STATION,
REP. BY SPP,
HIGH COURT COMPLEX,
BENGALURU-560001
...RESPONDENT
(SRI. SHANKAR H.S., HCGP)
THIS PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN C.C.NO.1073/2022 (CR.
NO.481/2021) OF BYDARAHALLI P.S., BENGALURU CITY FOR
THE OFFENCE PUNISHABLE UNDER SECTION 354B, 417, 376,
506, 504, 323 OF IPC AND SECTION 67A OF I.T.ACT ON THE
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FILE OF THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL
DISTRICT AT BENGALURU.
THIS PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCE AT DHARWAD BENCH, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and also the learned counsel for the respondent-State.
2. The factual matrix of the case of the prosecution is that, this petitioner has subjected the victim girl for sexual act from last 6-7 years and during the said time, he took nude photographs of the victim and subjected her for sexual act as against her wish showing the said nude photographs that he would send the same to her relatives and also an allegation is that, he sent the nude photographs of the victim girl to her brother C.W.1 and the same were also seized and repeatedly subjected her for sexual act, showing the said nude photographs and the mobile phone was also 3 seized from the petitioner and the same was seized by drawing a mahazar and thereafter it was sent to FSL and now the investigation has been completed and charge- sheet is filed.
3. The learned counsel appearing for the petitioner would submits that, earlier this Court has rejected his bail petition in Criminal Petition No.65/2022 dated 21.02.2022 and this Court having considered the specific statement made by the complainant subjecting her for sexual act, uploading the said photographs and the same was rejected and while rejecting the same, an observation was made that the matter is still under investigation and now the charge-sheet is filed and now the learned counsel for the petitioner would submits that, this petitioner is in custody since the day of his arrest and only after his arrest only the said photographs were sent to C.W.1 by the police on 21.11.2021 and created the documents and also the 4 learned counsel would submits that, the victim herself made the statement that both of them are living in relationship and hence, this Court has to take note of the offences invoked against the petitioner and it is only a consensual sex and not forceful sex.
4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the State and also taking note of the specific allegations made in the complaint, wherein she has made specific allegation that she was subjected for sexual act and he has taken the nude photographs and showing the said nude photographs he repeatedly subjected her for sexual act and the material also discloses that, the mobile phone of the petitioner was seized by drawing mahazar and the same is also sent to the RFSL and FSL report is also awaited and the allegation against the petitioner is that, not only he has subjected her for sexual act, but also made use of the nude photographs 5 of the victim to commit heinous offence of sexual act by showing the photographs causing threat to her and when such allegations are made and in 164 Statement also the victim has reiterated the same and apart from that, the statement which brought to the notice of this Court by the petitioner counsel wherein the victim girl has made statement before the Doctor at Vanivilasa Hospital, there also she has categorically stated that he has taken nude photographs and videos of her and made use of the same for subjecting her for sexual act and whenever she refuse for sexual act, he used to threaten her by saying that he will send her nude photographs to her relatives and specific allegations are also made before the Doctor while giving the history also and when such being the material available on record, unless FSL report is received with regard to the sending nude photographs of the victim to C.W.1, it is not a fit case to enlarge the petitioner on bail.
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In view of the above discussion, I pass the following:
ORDER The bail petition is rejected, however, liberty is given to the petitioner to seek bail after receiving the FSL report.
The counsel brought to the notice of this Court, in spite of charge sheet is already filed and the records are still in the CJM Court and hence, the CJM Court is directed to send the records forthwith to the concerned Court.
Sd/-
JUDGE Svh