Karnataka High Court
Dr Vijaykumar S/O Rangappa Hittalamani vs The State Of Karnataka on 27 November, 2023
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NC: 2023:KHC-D:13847
CRL.P No. 102988 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 102988 OF 2023
BETWEEN:
DR. VIJAYKUMAR
S/O RANGAPPA HITTALAMANI
AGE: 34 YEARS, OCC: DOCTOR,
R/O: HITTALAMANI DENTAL CLINIC,
RANEBENNUR, DIST: HAVERI.
...PETITIONER
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS
TOWN POLICE STATION, RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI,
REP . THROUGH ITS SPP,
HIGH COURT OF KARNATAKA,
DHARWAD-580011.
...RESPONDENT
Digitally
signed by
VN (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
VN BADIGER
BADIGER Date:
2023.12.13
17:12:26
+0530 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN PS
CRIME NO 132/2023 OF TOWN POLICE STATION, RANEBENNUR
FOR THE OFFENCES PUNISHABLE U/S 313, 376, 420 OF IPC 1860.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13847
CRL.P No. 102988 of 2023
ORDER
Heard Shri. Prashant Mathapati, learned counsel for the petitioner and Shri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for the respondent-State.
2. The petitioner herein is seeking regular bail in Crime No. 132/2023 of Ranebennur Town Police Station, for the offences punishable under Sections 313, 376, 420 of Indian Penal Code (for short "IPC").
3. Brief facts of the case:-
The complainant is aged about 24 years, resident of Linganaikanahalli Tanda, Huvina Hadagali Taluk. She was working at Hittalamani Dental Clinic, Ranebennur. The petitioner is a Doctor to the said Dental Clinic. The petitioner was working for 2 years. During her tenure as a Nurse, she was being subjected to rape on several occasions on the pretext of false promise for marriage.
4. It is further stated that due to the said rape, she became pregnant and her pregnancy got terminated -3- NC: 2023:KHC-D:13847 CRL.P No. 102988 of 2023 at the instance of the petitioner. In spite of repeated request for marriage, the petitioner has refused to marry her. Therefore, she consumed poison on 30.08.2023 and admitted in the hospital. The said incident has been registered at Town Police station as medico legal case. Thereafter, she has lodged a complaint against the petitioner. The jurisdictional police have registered a case stated supra.
5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of alleged offence, he has not committed any offence as stated in the complaint. In fact, the complainant has insisted the petitioner that, she was loving him and he has to marry her. When the petitioner refused to marry her and informed her that he would bring the said fact to the knowledge of her parents, the complainant has filed a false complaint.
6. It is further submitted that the petitioner has lodged a complaint against the complainant in the same -4- NC: 2023:KHC-D:13847 CRL.P No. 102988 of 2023 police station which is registered in Crime No.134/2023. Therefore, the petitioner is seeking regular bail. Making such submission the learned counsel for the petitioner prays to allow the petition.
7. Per contra, Shri Praveena Y. Devareddiyavara, the learned High Court Government Pleader, vehemently opposed the bail application and submitted that the petitioner was working as a Doctor at his Dental Clinic and he has induced the complainant on the pretext of false promise to marry her and committed sexual intercourse, consequently, she became pregnant and the said pregnancy was got terminated at the instance of the petitioner. Thereafter, the petitioner refused to marry her. Therefore, the petitioner has committed an offence as stated supra. Hence, he is not entitled for bail.
8. Having heard the learned counsel for the respective parties and perused the averments of the charge sheet and also complaint, in order to avoid the repetition of the facts, it can be directly go through the -5- NC: 2023:KHC-D:13847 CRL.P No. 102988 of 2023 facts which are required for consideration for the bail. Admittedly, the victim/complainant is aged about 24 years and she was working as Nurse in the Dental Clinic of the petitioner. Though, the alleged act of rape said to have committed by the petitioner on the pretext of false marriage, in view of the dictum of the Hon'ble Supreme Court, in the case of Dr. Dhruvaram Murlidhar Sonar V/s State of Maharashtara and others reported in (2019) 18 SCC 191 wherein it is stated that determination of rape or consensual sex, involvement in sexual intercourse by victim without there being any misconception created by accused, does not constitute rape.
9. Admittedly, in the present case, the petitioner has not filed a case immediately after the incident. As per the dictum of the Hon'ble Supreme Court, there is a difference between consensual sex and rape. It appears from the averments of the complaint, prima facie it appears that it is a consensual sex. Therefore, petitioner is entitled for bail.
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NC: 2023:KHC-D:13847 CRL.P No. 102988 of 2023 Hence, I proceed to pass the following:
ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No. 132/2023 of Ranebennur Town Police Station for the offences punishable under Sections 313, 376, 420 of IPC on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:
a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. -7-
NC: 2023:KHC-D:13847 CRL.P No. 102988 of 2023 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
Sd/-
JUDGE RKM List No.: 1 Sl No.: 21