Karnataka High Court
Dinesh vs The State Of Karnataka on 19 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:33814
CRL.P No. 8112 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.8112 OF 2023
BETWEEN:
DINESH
S/O RAJU R K
AGED ABOUT 19 YEARS,
R/AT VIJAYANAGARA EXTENSION,
HASSAN - 01.
...PETITIONER
(BY SRI. PRATHEEP K C., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY WOMEN POLICE STATION,
HASSAN DISTRICT
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
Digitally BANGLORE - 01
signed by
...RESPONDENT
VANDANA S (BY SMT. N. ANITHA GIRISH, HCGP)
Location:
High Court
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING THAT THIS HON'BLE
of Karnataka COURT MAY BE PLEASED TO ALLOW THIS PETITION AND ENLARGE THE
PETITIONER ON BAIL IN CR.NO.77/2023 FOR THE OFFENCE P/U/S 376,
354(C), 384, 506 OF IPC AND SEC. 67, 67(A) OF I.T. ACT, BY HASSAN
WOMEN POLICE STATION, HASSAN DISTRICT AND PENDING ON THE
FILE OF THE HON'BLE VII ADDITIONAL CIVIL JUDGE AND JMFC (JR.DIV.)
AT HASSAN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:33814
CRL.P No. 8112 of 2023
ORDER
Accused No.2 in Crime No.77/2023 registered by the Hassan Women Police Station, Hassan, for the offences punishable under Sections 376, 354C, 384, 506, 509, 34 IPC and Sections 67, 67(A) of the Information Technology Act, 2008, is before this Court under Section 439 Cr.P.C.
2. Heard learned counsel for the parties.
3. On the basis of the complaint lodged by Yashashwini, FIR in Crime No.77/2023 was registered by the Hassan Women Police Station, against Jeevan A.S., and the petitioner herein for the offences punishable under Sections 376, 354C, 384, 506, 509, 34 IPC and Sections 67, 67(A) of the Information Technology Act, 2008. In the complaint it is averred that complainant got acquainted with accused No.1 - Jeevan through Instagram and he used to send messages and the complainant used to reply to the same. Jeevan allegedly informed the complaint that he was in love with her and he intended to marry her. On 20.07.2023, Jeevan invited the complainant to Hassan and -3- NC: 2023:KHC:33814 CRL.P No. 8112 of 2023 accordingly, the complainant had gone to Hassan and at about 12.30 P.M. on the said day, Jeevan took the complainant to the house of accused No.2 - Dinesh on the pretext of introducing his sister. In the said house, petitioner requested the complainant to sleep with him. But the complainant refused stating that before marriage she was not interested in such acts. However, Jeevan allegedly forcibly took her into a room and committed sexual assault on her. It is also averred that without complainant's knowledge, the act of sexual assault was videographed by Jeevan in the mobile phone of Dinesh.
4. Thereafter, Jeevan allegedly dropped complainant at Hassan and she had gone to her sister's house at Sakleshpura on the said date. In the complaint it is further averred that subsequently, Jeevan started demanding money from her and threatened that her obscene videos would be circulated. It is in this background complainant had filed a complaint on 25.07.2023, which had resulted in registering FIR in Crime -4- NC: 2023:KHC:33814 CRL.P No. 8112 of 2023 No.77/2023. During the course of investigation, petitioner was arrested on 25.07.2023. His bail application before the III Addl. District & Sessions Judge, Hassan, was dismissed on 11.08.2023. Therefore, he is before this Court.
5. Learned counsel for the petitioner submits that even if the prosecution case is presumed to be true, only offence under Section 354C of IPC and the offences under the provisions of Information Technology Act can be invoked against the petitioner. The maximum punishment for the said offences is only five years. Major portion of the investigation is completed and the mobile phone of the petitioner is seized. He accordingly prays to allow the petition.
6. Per contra, learned HCGP has opposed the bail application. She submits that investigation in the case is in progress. Accordingly, prays to reject the bail petition.
7. In the complaint that was filed on 25.07.2023 with regard to the incident that had taken place on -5- NC: 2023:KHC:33814 CRL.P No. 8112 of 2023 20.07.2023 in the house of the petitioner herein, the complainant has not spoken about the presence of the petitioner in the house when she went to the said house on 20.07.2023 at about 12.30 P.M. along with accused No.1 - Jeevan. A reading of the complaint averments would go to show that accused No.1 - Jeevan took the complainant to the house of Dinesh on 20.07.2023 and had forcible sexual intercourse with her in the said house and as per the averments found in the complaint, it is accused No.1 - Jeevan, who had recorded the act of sexual assault on the complainant in the mobile phone belonging to the petitioner herein. Neither in the complaint nor in the application filed seeking custody of the accused persons it has been stated that the petitioner was present in his house on 20.07.2023 when the act of sexual assault on the complainant was committed by accused No.1 - Jeevan. Petitioner is in custody since 25.07.2023. The mobile phone belonging to the petitioner in which the act of sexual assault on the complainant was recorded has been already seized. There is no allegation of sexual -6- NC: 2023:KHC:33814 CRL.P No. 8112 of 2023 assault on the complainant by the petitioner. As rightly contended by learned counsel for the petitioner even if the entire case of the prosecution is presumed to be true, only offence under Section 354C IPC and the offences under the provisions of the Information Technology Act, 2008 could be prima-facie invoked against the petitioner. Under these circumstances, I am of the view that the petitioner has made out a case for grant of regular bail. Accordingly, the following order:
8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.77/2023 registered by the Hassan Women Police Station, Hassan, for the offences punishable under Sections 376, 354C, 384, 506, 509, 34 IPC and Sections 67, 67(A) of the Information Technology Act, 2008, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two -7- NC: 2023:KHC:33814 CRL.P No. 8112 of 2023 sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in
similar offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE SV List No.: 1 Sl No.: 68