Karnataka High Court
Santosh S/O Rudragouda Hosagoudar vs State Of Karnataka on 10 February, 2017
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 10th day of February 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
Criminal Petition No.100100/2017
Between
Santosh,
S/o Rudragouda Hosagoudar,
Age: 28 years, Occ: Asst. Professor,
STJ Institute of Technology,
Ranebennur, R/o. Umashankar Nagar,
West 3rd, A-Main, 2nd Cross,
Ranebennur. ...Petitioner
(By Sri M. B. Gundwade, Advocate)
And
State of Karnataka,
By State Public Prosecutor,
High Court of Karnataka,
Dharwad Bench, at Dharwad,
Through Ranebennur Town
Circle Police. ...Respondent
(By Sri V.M.Banakar, State Public Prosecutor)
This Criminal Petition is filed under Section 438 of
Cr.P.C., seeking to allow the petition and to pass an order
directing the Ranebennur Town Circle Police, to release
the petitioner on bail in case of his arrest in their Police
Station Crime NO.187 of 2016, registered for the alleged
offences under Section 354D, 376, 420 read with 34 of
IPC.
2
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Heard the learned counsel for the petitioner and the learned State Public Prosecutor for the respondent. Perused the records.
2. A complaint came to be lodged by the victim lady aged 26 years, residing at Vinayak Nagar, Ranebennur, stating that the petitioner and herself were loving each other since nine years and as the petitioner had assured her that he would marry her, she agreed for the same and they started living together in a rental house. The petitioner was taking care of all expenses of her and also her other family members and also school expenses and house rent. Subsequently, she quested him to marry her. But, the petitioner refused the same. On the said allegations, on 15.12.2016, the victim lady lodged a complaint. The police have registered a case in Crime No.187/2016 for the offences under Section 354D, 376, 420 read with 34 of the Indian Penal Code. 3
3. The learned counsel for the petitioner brought to my notice that much prior to lodging of the complaint, there was a complaint lodged with Santwana Kendra. There, she has given statement that she does not have contact with the accused any more and there is no dispute between them as such.
4. Looking to the above said facts and circumstances, it is very difficult, at this stage, to infer as to whether the offences under Sections 354D and 376 are attracted. That has to be established during the course of full-fledged investigation. Hence, at this stage, I am of the opinion that the petitioner has made out a ground for grant of bail. Hence, I pass the following Order:
Order The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.187/2016 of Ranebennur Town Police Station, for the offences under Sections 354D, 376, 420 read with 34 of IPC, on the following conditions:
i) The petitioner shall surrender himself before the Investigating Officer within one 4 week from the date of receipt of a copy of this order and execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall mark his attendance once in 15 days on any Sunday between 10.00 a.m. to 5.00 p.m. till the filing of the final report or for a period of two months whichever is earlier.
iv) The petitioner shall also appear before the Court on all future hearing dates, until the case registered against him is terminated.
Sd/-
JUDGE Kms