Karnataka High Court
Fakruddin S/O Bashasab Yaligar vs The State Of Karnataka on 6 July, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06 T H DAY OF JULY 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.101122/2021
BETWEEN:
FAKRUDDIN S/O. BASHASAB YALIGAR,
AGE 24 YEARS, OCC: BUSINESS,
R/O. MALAMMA NAGAR, MUDHOL,
DIST. BAGALKOT.
...PETITIONER
( BY SRI. VIJAY M. MALALI, ADVOCATE )
AND:
THE STATE OF KARNATAKA,
THROUGH MAHALI NGPUR PS,
REP. BY SPP HIGH COURT OF
KARNATAKA, BEN CH DHARWAD .
... RES PONDENT
(BY SRI. RAMESH CHIGARI , HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., S EEKING TO GRAN T
REGULAR BAIL IN MAHALINGAPUR P.S. CRI ME
NO.03/ 2021 (CC NO.262/ 2021) F OR THE OFFENCE
PUNISHABLE UND ER SECTION 354C, 376, 376( 2)(K ),
372(2)(N) , 503, 506 OF IPC AND SECTION 67A OF
INFORMATION TECHNOLOGY A CT.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
This petition is filed by the sole accused 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.3/2021 of Mahalingpur Police Station, registered for the offences punishable under Sections 354C, 376, 376(2)(k), 376(2)(n), 503, 506 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 67A of the Information Technology Act, 2000 (hereinafter referred to as the 'IT Act', for brevity).
2. The case of the prosecution is that, the petitioner/accused and the victim-girl were knowing each other and both have developed friendship and on 11.05.2019, they went to Goa trip along with other friends and they 3 consumed alcohol and accused went to the room of one Amrutha who is staying along with the victim-girl in one room and two other friends staying with the petitioner/accused in another room. The petitioner went to the room of the victim and committed forcible sexual intercourse under intoxication. Thereafter, the petitioner/accused started calling the victim- girl for sexual intercourse and started giving threat to her that, if she does not co-operate with him, he will send her nude photographs to her parents. It is further stated that, on 02.01.2021, the victim-girl went to Sai Deluxe Lodge along with the petitioner/accused and tried to delete the photographs from his mobile. There also, he committed sexual intercourse and while returning from that place, both have quarreled. The victim-girl 4 informed this incident to her brother and thereafter at the instance of Hindu Jagaran Vedike, she filed complaint in Mahalingpur police station, which came to be registered in Crime No.3/2021 for the aforesaid offences. The petitioner/accused came to be arrested on 07.01.2021 and since then, he is in judicial custody. The petitioner filed Criminal Miscellaneous No.5072/2021 and the same came to be rejected by the I Additional District and Sessions Judge, Bagalkote, sitting at Jamkhandi, by order dated 04.05.2021. Therefore, the petitioner is before this Court, seeking bail.
3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State. 5
4. It is the contention of the learned counsel for the petitioner that there was relationship between the petitioner and the victim-girl and she moved along with him to different places and therefore, the relationship between them is a consensual and the complaint came to be filed only at the instance of Hindu Jagaran Vedike. The call details/records reveal that there are calls between the petitioner and the accused. The victim-girl went to Bengaluru along with the accused and stayed with him for three months which shows that she voluntarily went with him. The charge-sheet has been filed and therefore, the petitioner is not required for any custodial interrogation. With this, he prayed to allow the petition.
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5. Per contra, learned High Court Government Pleader has contended that, the offence alleged against the petitioner is a heinous offence, punishable with imprisonment for life. The statement of the victim-girl has been recorded under Section 164 of Cr.P.C, wherein, she has stated each and every overt act of the petitioner/accused threatening and harassing her on the ground that, he will share the nude photographs to others. He further contends that, if the petitioner is released on bail, he will tamper the prosecution witness and flee from justice. 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 7 Pleader, this Court has gone through the charge sheet records.
7. The victim-girl has filed complaint in detail, stating the acts of the petitioner/accused. The victim-girl either in the complaint or in the statement recorded under Section 164 of Cr.P.C., has not stated that, she is in love affair with the petitioner/accused. It is the specific case of the victim-girl that making misuse of the photographs taken by the petitioner/accused when she was under
intoxication on 11.05.2019, the petitioner has harassed her by taking disadvantage of the situation. In the statement recorded under Section 164 of Cr.P.C., the victim-girl has specifically stated the overt acts of the petitioner. Even it is alleged in the statement recorded under Section 164 of Cr.P.C., that the 8 petitioner asked the victim-girl to convert herself to Muslim community. The Investigating officer has collected the call details between the petitioner/accused and the victim-girl. By giving threat to the victim-girl, the petitioner/accused has called her to different places and sexually exploited her. On perusal of the entire charge-sheet there is a prima- facie case against the petitioner for the offences alleged against him. Considering all these aspects, the petitioner/accused is not entitled for grant of bail. Hence, the petition is dismissed.
Sd/-
JUDGE *Svh/-