Karnataka High Court
Chetankumar S/O Hulagappa Bajantri vs The State Of Karnataka on 10 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102662 OF 2022
BETWEEN:
CHETANKUMAR S/O. HULAGAPPA BAJANTRI
AGE. 24 YEARS, OCC. DRIVER,
R/O. MOTEBENNUR,
BYADAGI TALUK,
HAVERI DISTRICT-581106.
...PETITIONER
(BY SRI. MADHUKESHWAR A. DESHPANDE, ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH HAVERI WOMAN POLICE STATION,
REPT BY HCGP HIGH COURT,
DHARWAD-580001.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON
BAIL IN CRIME NO.59/2022 PENDING BEFORE THE SENIOR
CIVIL JUDGE AND CJM, HAVERI REGISTERED FOR THE
OFFENCE PUNISHABLE U/S 376(N), 420, 504 AND 506 R/W
-2-
CRL.P No. 102662 of 2022
SECTION 34 OF IPC, BY THE RESPONDENT HAVERI WOMAN
POLICE STATION.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is field by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.59/2022 of Haveri Women Police Station registered for the offences punishable under Sections 376(n), 420, 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, the victim lady has filed the complaint stating that, in the year 2019, she was working in Netravati Service Station at Byadagi and at that time, accused No.1 was also working in the same place and they became friends and accused No.1 developed fascination -3- CRL.P No. 102662 of 2022 towards her and promised her to marry. That on 12.01.2022 her brother and aunt went to the village and she was alone in the house and accused No.1 taking advantage of the same, entered the house quietly and asked water to drink and committed sexual intercourse on her forcibly against her will on false promise of marriage. It is further stated that, due to the act of accused No.1, the complainant became pregnant. The petitioner/accused No.1 has also received cash of Rs.6,00,000/- and 3 tolas gold from the complainant. That on 22.07.2022, she called the petitioner/accused No.1 through phone and told that she is 5 months pregnant and asked his parents to come to her house. At that time petitioner/accused No.1 and accused Nos.2 to 4 asked whether there is any evidence that she has become pregnant through accused No.1 and threatened and abused her in filthy language. The said complaint came to be registered in Crime No.59/2022 for the aforesaid offences. The -4- CRL.P No. 102662 of 2022 petitioner came to be arrested on 12.08.2022 and he is in judicial custody. The petitioner filed Crl.Misc.No.638/2022 seeking bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Haveri, by order dated 03.09.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
4. The learned counsel for the petitioner would contend that, the alleged offence is taken place on 12.01.2022 and the complaint came to be filed on 12.08.2022 and therefore there is a delay in filing the complaint and it is not explained. It is his further submission that the victim lady is aged 24 years and looking to the averments of the complaint it can be inferred that the alleged physical contact -5- CRL.P No. 102662 of 2022 between the petitioner/accused No.1 and the victim lady is consensual. It is his further submission that there is a divorce of the complainant's marriage with her husband by mutual consent in M.C. No.99/2022 by judgment dated 05.07.2022. It is his further submission that the offence punishable under Section 376 of IPC is not attracted. The other offences punishable under Section 504 and 506 are alleged against accused Nos.2 to 4. It is his further submission that the petitioner is in judicial custody since 12.08.2022 therefore he is not required for any custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that, investigation is still in progress. As per the medical examination the victim lady is pregnant of six months. The statement of the victim lady has been recorded under Section 164 of Cr.P.C., wherein, she has stated that the petitioner/accused No.1 under the pretext of -6- CRL.P No. 102662 of 2022 marriage had forcibly committed sexual intercourse more than 20 times and due to that she become pregnant. It is his further submission that as the investigation is in progress and the alleged offence is heinous, the petitioner is not entitled for grant of bail. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR and the order passed by the Sessions Court.
7. The accusation against this petitioner/accused No.1 is that, he developed friendship with the complainant and once he went to the house of the complainant and in spite of resistance, he had sexual intercourse on the victim lady and due to which, she became pregnant. It is further allegation that the petitioner has taken Rs.6 lakhs cash and 3 tolas of gold from the complainant -7- CRL.P No. 102662 of 2022 and he has not returned the same and now he is refusing to marry the complainant even after her divorce. The victim lady is aged 24 years. On going through the averments of the complaint one can infer that the alleged act of sexual intercourse by the petitioner on the victim lady is consensual. Whether the petitioner has made promise to the victim lady to marry her and he has cheated her is a matter of investigation and final report. The allegations in the FIR punishable under Sections 504 and 506 of IPC are against accused Nos.2 to 4. The petitioner is in judicial custody since 12.08.2022 therefore he is not required for custodial interrogation. The main objection of the prosecution is that if the petitioner is granted bail he will hamper the investigation and tamper the prosecution witnesses can be met with by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the -8- CRL.P No. 102662 of 2022 view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 is ordered to be released on bail in Crime No.59/2022 of Haveri Women Police Station subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court.
ii. The petitioner shall not indulge in tampering the prosecution witnesses.
iii. The petitioner shall co-operate in the investigation and make himself available for interrogation whenever required.
iv. The petitioner shall not directly or indirectly make any inducement, threat or promise to -9- CRL.P No. 102662 of 2022 any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
v. The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE SMM