Karnataka High Court
Gajanan Basavanni Kurbet, vs The State Of Karnataka, on 21 January, 2011
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 21 3"" DAY or JANUARY zoiisiieii I'
THE HON'BLE MR. JUSTICE Al§1.,Al\I.I_j I
CRIMINAL PETITDISJINo.12II2_2/2<,iI0i1:
BETWEEN: I
Gajanan BasavanniKurb¢t,_,:I'\».,V 'I
Age: 21 years, _C)cc:v.Agr:f3culture,
R/o. Sultanpuri,Tq;E>H,ulgk--eri,,_I
Dist: Belga1=:1m.V,"=V°""7 " ' ...Petitioner
(By shri;A.o.,l[§xIui5Igmimg:h, Advocate)
AND: I I if
The State ofiKarn'ata'ka,"-
Throiughiflukkerii .
. .,geji5'resen:ted' by State Public Prosecutor,
...Respondent
(Byii'3hri,i\I;I1_a::5}ak s. Kulkarni, GP) 'T Criminal Petition is filed under Section 439 of the 3 Code of Criminal Procedure, seeking that the petitoner be _A'relea'sed on bail in Hukkeri P.S. Crime No.l33/2010 offences under Sections 376, 448, 506 oflndian Penal Code. This petition coming on for orders this day, the Court made the following:
Ix) onnnnmi Heard the learned counsel for the~'ipetit.ioner anl'd---_tl'ie learned Government Pleader. g,
2. The brief facts of are 2?:
It is the allegatioiiioif. who girl aged about 14 years, according that on 08.072010;'*'a'f'ter:f'finisihin:g returned home and was alone V..tllielli'-lgitcihen, at that time the petitionerHeiiteifeldiitlfig' and pulled her down and forciblggrelinoveidgl under garments and sexually assaulted her, it was p.m. At that point of time, girl's grandmother had'«ret1.i:'ned home, hearing the grandmother ' c.otn.ing._i'nto«.the house, the petitioner said to have run away throuighl ' lfblack door and threatened her with dire conisequegnce, if she revealed the incident to anybody. However, thegirllllwas weeping, and hearing which the grandmother had iegniquiired with her as to why she was weeping. On being told, she informed her other relatives, who in turn mustered courage to lodge a complaint after two days. The complainant was 3 subjected to medical examination"and"the._ p:etit_ilonVerl""was"« thereafter arrested on 12.07.2010 and a..ca3.e wasircglistered and'-- he was remanded to judicial custoldy. An a-pnl'iscs2tt=ion.>was filed before the Court of Principal S.e'ssi'oln~3 iludge, I3ei'gaurn, on the footing that he belonged to and that he has entered politics. --and_ coinbliant false and totally baseless. It;wa's._aiiso':i--_;1ai.n:ed~..that his father is bedridden with paralysis,__VyTFieVMil"Co.uVrt the objections of the Publicl'--,Pro_secluito.rhast rejeic'te_d--the bail application by an order dated 2(l;1._l 4.201()1-The'pet'i--tiVoner thereafter had moved a second bail grapplicatiornyybefore" the very same Court at Belgaum, to ,, cQn'tend'ithat the report issued by the Doctor, insofar as concerned, would show that there were no injuriesv.at:al.--l;fl.either over the body of the complainant or her sexual organs. Hence, there was no indication of the violation the complainant in any manner and therefore, ground was ignade out for grant of bail, as the alleged commission of rape i would be the subject matter of the trial to be established be ond all reasonable doubt. The same was opposed and the ourt % below has held that though the medical report_indicfg1tVed--.:that i complainant did not have any injuries has noticed that the vaginalgsmear the corripl.ainant:'; obtained from the victim and ihas:.i'been senit:'to.i'the;ERegional Forensic Science Labciiatory the final opinion and report was was held that there was no ipeititioner on bail till receipt of the "*th_e"iipetiti.Cner was cleared of any doubt as to thejiposéijble"invoilvien':e.nt"in the commission of rape. It is Court below has rejected the bail applicatiorlfl.Identical'iAigroiu.nds as canvassed before the Court bel.0}wiare urgedin: the present petition before this Court. learned Government Pleader has filed .statement'oi1_°_ objections and would submit that the report of the Forensic_ Science Laboratory is awaited. Therefore, as rightly if iheldébyii the Court below to enlarge the petitioner on bail, he hiwould tamper with the investigation and it would also enable "the petitioner to possibly interfere with the prosecution witnesses therefore, he opposes the grant of bail. While the 6 Government Pleader was called uponpggto ind_i'c'ate---:what~. i's_th.e conclusive proof that a positive report.-~fromathe"laboratoryA would indicate against the petitioner, theCleamc:d"€i3overni§nent Pleader is unable to satisfy the thatlltiiere be any further evidence that petitioner, prima facie. Therefore, at this Apoi'n.t_ absence of any injuries found; o:i«;.gVpt"l*1e body organs of the complainant;liticoiilldllllnotibef 'prima facie case is made out agalilrist "_"'is'"ialleged violation of the compla'i~nant_ the matter, the petitioner made out a caselllforl grantof.biai«l.:_l-~'i'Accordingly, the petitioner shall be V. p_ enlraiigeidi 'on bail iisubjfictvto the following conditions: __shall furnish a personal bond for a sum A '§"25,000/- with a solvent surety for a like ' fsum, to the satisfaction of the trial Court. " He shall make himself available to the Investigation Officer as and when required for the purpose of investigation.
3) He shall not leave the jurisdiction of the trial Court without seeking leave of that Court.
Z
4) He shall not seek to induce or threaten the ._ prosecution witnesses.
5) He shall attend the trial Court on all hearing without fail subject tofthe granting exemption for TBEISOH.
Rsh