Karnataka High Court
Yousuf S/O Mastan Sab vs The State Of Karnataka on 30 January, 2015
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JANUARY 2015
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.200053/2015
Between:
Yousuf S/o: Mastan Sab,
Age: 22 Years,
Occ: Flowering work,
R/o: Kamthana Village,
Tq & Dist: Bidar.
... Petitioner
(By Sri Hanmantraya Sindol, Advocate)
And:
The State of Karnataka
Through Police Bagadal,
R/by Addl. SPP
High Court Bench,
Kalaburagi.
... Respondent
(By Sri Prakash Yeli, Addl. SPP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to, grant the regular bail to the
petitioner/accused No.4 in Crime No.101/2014 of police
Bagadal V/s Shivakumar and others bearing
S.C.No.182/2014 pending before the Prl. District and
Sessions Judge Bidar for the offences punishable under
Sections 120-B, 506, 341, 504, 384, 394, 354, r/w 34 of IPC.
2
This petition coming on for Orders this day, the Court
made the following:
ORDER
The Circle Police Inspector of Bidar Rural Police Station laid a charge sheet against the petitioner and other accused persons for the offences punishable under Sections 120-B, 341, 376(D), 384, 394, 354, 107, 109, 504, 506, 420 r/w 34 IPC.
2. The factual matrix disclose that a girl by name Sudha the daughter of Naganath aged 19 years of Hallikhed(b) village lodged a complaint on 20.07.2014 stating that on 18.07.2014 herself and her boy friend by name Shivu were proceeding to Kamathana, at that time her boy friend received a phone call from his friend and both of them went to the land of one Mr.Firoz. It is alleged that when they were in the land three persons came there attacked the boy friend of the complainant and took him away. Thereafter, out of those three persons one person has committed rape on her and other person was ran 3 away with the clothes of this girl. On these allegations she lodged a complaint and police have earlier registered a case for the offences punishable under Sections 341, 504, 376, 384, 394 r/w 34 of IPC. During the course of investigation the said girl had given two statements before the Magistrate under Section 164 of Cr.P.C. The first one on 20.07.2014 i.e. on the date of the lodgment of the complaint before the police. Wherein, she reiterated that herself and her boy friend Shivu went to the land of Firoz and three persons came there assaulted the said Shivu and out of them one person has committed the rape on her and another person took away the clothes. It is stated that thereafter herself and her boy friend Shivu came back to the bus stand and the said Shivu made her to sit in the bus stand and then he went to his office. She came back to his house and she did not disclose the incident to anybody. But on the morning of the incident her boy friend Shivu told her to lodge the complaint before the police. Therefore, she lodged the complaint before the police. It is specifically stated that she has given statement 4 before the jurisdictional Magistrate without any fear or force by anybody. She has also stated that she can identify those three persons who have attacked her boy friend Shivu. In the complaint before police and in her statement before the Court there are no allegations against Shivu. Subsequently, on 25.07.2014 she gave one more statement before the jurisdictional Magistrate under Section 164 of Cr.P.C., wherein she has stated that on that particular day of the incident the accused No.1- her boy friend Shivu forcibly took her on his motorcycle to the land of Firoz and Shivu also committed rape on her and thereafter accused No.2-Md.Syed, accused No.3-Tajoddin and accused No.4-Yousuf came to the spot. Md. Syed took out the clothes of the victim and all of them quarrelling with each other went out. At that time accused No.2-Md Syed came back and committed rape on her and he also went out later. Accused No.4-Yousuf and accused No.2- Md Syed took Shivu along with them. In spite of her best efforts she could not get any help from anybody, thereafter accused No.3-Tajoddin came and he also committed rape 5 on her and he threatened her with dire consequences. Thereafter, she wearing her clothes she came back along with Shivu who left her in the bus stand and he also threatened her with dire consequences not to disclose it to anybody.
3. At this stage, even considering the above said circumstances the overt act alleged against the present petitioner is that he took, Shivu along with him at that particular point of time, except that there is no allegation against the petitioner. Whether he has removed the clothes of the victim or he has committed any attempt of rape or outraged her modesty etc. There is absolutely no such allegations against the petitioner except his presence no overt act has been alleged against this person. In view of the above said circumstances particularly no overt act alleged against the petitioner and this petitioner being arrested on 21.07.2014 since then he has been in judicial custody, as the charge sheet has already been filed, at this stage the Court cannot come to a definite conclusion with 6 regard to the complicity of this petitioner for the offences invoked by the police, that has to be trashed out during the course of full dressed trial. Under the above said circumstances, particularly this petitioner has made out a ground for grant of bail.
4. Hence, I pass the following:
ORDER The petition allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.101/2014 for the offences punishable under Sections 120-B, 341, 354, 384, 394, 504, 506 r/w 34 of IPC of Bagadal Police pending on the file of the Prl. District and Sessions Judge, Bidar in S.C.No.182/2014 subject to following conditions:
i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh Only) with two solvent sureties for the likesum to the satisfaction of the Trial Court.7
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the Trial Court on all the future hearing dates unless prevented by any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission, till the disposal of the case on merits.
Sd/-
JUDGE MSR*