Karnataka High Court
Ushakanth Behara vs The State Of Karnataka on 24 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:39469
CRL.P No. 7814 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7814 OF 2024
BETWEEN:
USHAKANTH BEHARA,
S/O. GANGAADHAR BEHARA,
AGED ABOUT 25 YEARS,
R/AT SENTHIL KUMAR HOUSE,
KRISHNAYYAPALYA, BYAPPANAHALLI,
RAILWAY STATION BACK SIDE,
BENGALURU.
(NOW IN JUDICIAL CUSTODY)
...PETITIONER
(BY SRI SRINIVASA M G, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
Digitally BY VARTHUR POLICE STATION,
signed by
PRAJWAL A REP. BY STATE PUBLIC PROSECUTOR,
Location: HIGH COURT OF KARNATAKA,
High Court of
Karnataka BENGALURU-560 001.
...RESPONDENT
(BY SMT. M.M WAHEEDA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC TO ALLOW THE
PETITION AND RELEASE THE PETITIONER ON BAIL IN
S.C.NO.125/2024 (ARISING OUT OF CRIME NO.542/2023) OF
VARTHUR POLICE STATION FOR AN ALLEGED OFFENCE P/US/
376 AND 341 OF IPC PENDING ON THE FILE OF HON'BLE VI
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT AT BENGLAUR.
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NC: 2024:KHC:39469
CRL.P No. 7814 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in S.C.No.125/2024 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.542/2023 registered by Varthur Police Station, Bengaluru City, for the offences punishable under Sections 376 and 511 of IPC is before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.542/2023 was registered by Varthur Police Station, Bengaluru, against the petitioner herein for the aforesaid offences on the basis of first information dated 25.12.2023 received from the victim lady aged about 26 years, at about 14.30 hours. During the course of investigation, the petitioner was arrested on -3- NC: 2024:KHC:39469 CRL.P No. 7814 of 2024 27.12.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against him for the aforesaid offences.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1225/2024 was dismissed on 06.07.2024. Therefore, he is before this Court.
5. Learned counsel for the petitioner submits that petitioner has no criminal antecedents. The petitioner and the victim had fought physically, after they had quarreled over payment of money towards charges of the ride. He submits that there is a delay in submitting the first information. He also submits that though as per the first information victim had informed the Police immediately after the incident, material on record would go to show that only after the first information was registered on 25.12.2023 at about 14.30 hours, Police have commenced the investigation.
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6. Per contra, learned HCGP has opposed the petition. She submits that petitioner hails from Orissa State and if he is enlarged on bail, he is likely to flee away from justice. She also submits that petitioner as well as the victim both have suffered injuries in the incident which would prima facie go to show that the incident in question had taken place as alleged in the first information. Accordingly, she prays to dismiss the petition.
7. In the first information dated 25.12.2023, which was submitted by the victim lady aged about 26 years at about 14.30 hours on 25.12.2023, it is averred that on 24.12.2023 at about 9.30 pm, she had booked an Uber Motor bike from Phoenix Market City (Whitefield) to her home at Sarjapura Road, Kodathi Gate. The petitioner who was the rider of Uber Motor bike had called the mobile number of the first informant from his mobile No.8035039376. Petitioner after picking up the victim lady in his motor bike allegedly had taken her in a different -5- NC: 2024:KHC:39469 CRL.P No. 7814 of 2024 route and in a deserted area, he stopped the motor bike and tried to sexually assault the victim lady.
8. According to the victim lady, she had resisted the act of the petitioner and she had struggled with him for about 15 to 20 minutes and in the meanwhile, he kept touching her genitals and also pulling her clothes up and tried to insert his penis to her mouth. In the first information, it is averred that after struggling for about 20 minutes, victim lady managed to push him away and thereafter, she got up and fled away towards the high way and immediately, she called the Police and informed them about the incident. In the first information, it is stated that Police had asked her to stay in the place where she was and they will send a car to her location. According to the first information, though victim waited for one hour, nobody came there. Subsequently, on the next day, at about 14.30 hours, she has lodged the complaint after a delay of more than 12 hours. The registration number of the motorbike is not mentioned in the first information. -6-
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9. Material on record would go to show that petitioner as well as the victim lady have suffered abrasion and contusion on their body. Though victim girl has stated that she had struggled with the petitioner for about 20 minutes and he tried to insert his penis into her private part and also into her mouth and also had pulled her clothes, material on record does not show that the clothes of the victim lady were torn. The petitioner who has no criminal antecedents is in custody from 27.12.2023. Investigation in this case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter and also having regard to the peculiar set of facts and circumstances of this case, I am of the opinion that, the petitioner's prayer for grant of regular bail is required to be answered affirmatively subject to appropriate conditions that may take care of the apprehension expressed by the learned HCGP.
10. Accordingly, the following:
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NC: 2024:KHC:39469 CRL.P No. 7814 of 2024 ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in S.C.No.125/2024 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.542/2023 registered by Varthur Police Station, Bengaluru City for the offences punishable under Section 376 and 511 of IPC subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum (one of the surety shall be a local person) 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; -8-
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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.
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(S VISHWAJITH SHETTY) JUDGE tsn* List No.: 1 Sl No.: 43