Mahesh S/O Shivanand Wadre vs The State Of Karnataka on 11 August, 2021

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Karnataka High Court

Mahesh S/O Shivanand Wadre vs The State Of Karnataka on 11 August, 2021

Bench: Mohammad Nawaz

                            1




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 11TH DAY OF AUGUST 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

       CRIMINAL PETITION No.201019/2021

Between:

Mahesh S/o Shivanand Wadre
Age: 27 years, Occ: Mechanic
R/o Revatgaon, Tq. Chadchan
Dist. Vijayapur - 586 101
                                            ... Petitioner

(By Sri Shivanand V. Pattanashetti, Advocate)

AND:

The State of Karnataka
R/by Addl. SPP
Kalaburagi Bench - 585 106
(Through Vijayapur Women P.S.
Dist. Vijayapur - 586 101)
                                          ... Respondent

(By Sri Mallikarjun Sahukar, HCGP)

      This Criminal Petition is filed under Section 439 of
Criminal Procedure Code, praying to grant the regular bail
to the petitioner/accused in Crime No.76/2021 of Vijayapur
Women Police Station, for the offence punishable under
Section 376(2)(n) of IPC, pending on the file of IV Addl.
C.J. & JMFC at Vijayapur, Dist. Vijayapur.
                              2




      This petition coming on for Orders this day, the
Court made the following:

                        ORDER

This petition is filed under Section 439 of Cr.P.C. by the sole accused to enlarge him on regular bail in Crime No.76/2021 of Women Police Station, Vijayapur, registered for offence punishable under Section 376(2)(n) of IPC.

2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent- State.

3. The complaint is lodged by the victim. It is alleged that accused/petitioner befriended the victim while she was attending the coaching classes at Manikya Career Academy and thereafter on a false pretext of marriage, developed physical relationship with her and on several occasions committed sexual intercourse and then refused to marry her.

4. The complaint averments disclose that from 09.09.2017, the victim and accused knew each other and on 11.12.2017, promising the victim that he will marry her, petitioner committed sexual intercourse and thereafter continued to have physical relationship with her. In December 2019, when he informed the victim that he will not marry her, she discontinued the relationship from January 2020 to May 2020. Again on 06.06.2020, the petitioner contacted her and promised that he will marry her. It further disclose that on 11.06.2020, her family members performed her marriage with one Anil Anneppa and at that time she was pregnant and therefore, her husband and his family members quarreled with her and she started residing in her sisters house. It is alleged that petitioner mixed some tablets in the tea and gave to the victim, on account of which, there was abortion. It is further alleged that even thereafter he developed physical relationship with the victim and once again she became pregnant, but he refused to marry her.

5. The complainant is a major aged about 27 years. Perusal of the complaint would reveal that even after petitioner refused to marry the victim, she continued physical relationship with him. Subsequently, she married one Anil Anneppa, who quarreled with her after coming to know about her pregnancy and therefore, she started residing in her sister's house. Even thereafter she continued physical relationship with the petitioner. With regard to causing abortion, except the bald allegations, there are no materials placed at this stage. The allegation that petitioner, on a false pretext of marriage induced the victim to have physical relationship with him and therefore he has committed the alleged offence etc., has to be established during the course of trial. Petitioner is in judicial custody. He is not required for further investigation. Hence, without expressing any view on the merits of the case, I deem it appropriate to release the petitioner on bail by imposing conditions.

6. Accordingly, the following:

ORDER Petition is allowed. Accused/petitioner shall be enlarged on bail in Crime No.76/2021 of Women Police Station, Vijayapur, for offence punishable under Section 376(2)(n) of IPC, subject to following conditions:

i. Petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court;

ii. Petitioner shall not tamper with the prosecution witnesses/evidence either directly or indirectly and he shall not put any threat or inducement to the victim in any manner;

iii. Petitioner shall furnish proof of his residential address and shall inform the Investigating Officer/court, if there is any change in the address;

iv. Petitioner shall mark his attendance before the concerned Police Station once in fifteen days, preferably on a Sunday 6 between 10.00 a.m. and 1.00 p.m. till filing of charge sheet;

v. Petitioner shall appear before the Trial Court on all dates of hearing.

Sd/-

JUDGE LG

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