Karnataka High Court
Balappa S/O Shivakallappa Hadapada vs The State Of Karnataka on 31 August, 2017
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 31ST DAY OF AUGUST 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.101803 OF 2017
BETWEEN:
BALAPPA S/O SHIVAKALLAPPA HADAPADA
AGE: 30 YEARS, OCC: PART TIME LECTURE,
R/O: PRASHANTA NAGAR, YELBURGA,
TQ: YELBURGA, DIST: KOPPAL.
... PETITIONER
(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
A N D:
THE STATE OF KARNATAKA
(THORUGH KOPPAL WOMEN P.S.)
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
... RESPONDENT
(BY SRI. ANAND K. NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CRIMINAL PROCEDURE CODE SEEKING TO ALLOW THIS
PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.4 OF 2017 REGISTERED BY WOMEN POLICE STATION
KOPPAL, FOR THE OFFENCES UNDER SECTION 506, 376, 417
OF INDIAN PENAL CODE AND SECTION 6, 5(l) OF PROTECTION
OF CHILDREN FROM SEXUAL OFFENSES ACT 2012, PENDING
TRIAL OF THE CASE.
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 petitioner/accused under Section 439 of the Criminal Procedure Code seeking his release on bail of the alleged offences punishable under Sections 506, 376 and 417 of the Indian Penal Code and Section 6 and 5(l) of the Provision of Children from Sexual Offence Act, registered in respondent/Police Station Crime No.4/2017.
2. Brief facts of the prosecution case that victim girl is the complainant in this case, wherein she stated that she was studying in I-PUC and the present petitioner was the Lecturer in the college and he was teaching the Kannada subject and whenever the victim was having the difficulty about the subject she use to go to the petitioner and at that time he was talking with her so closely and thereafterwards the petitioner informed the victim that on 05.11.2014 his birthday, he asked her to come to his house, accordingly she went there. Except the petitioner there are no other persons in the said house. The :3: petitioner provided the tiffin to her, thereafter he told that he is loving her and he is going to marry her and also asked her that she has to co-operate with him and stating so he grappled the victim tightly and the victim girl opposed the same, even then the petitioner committed forcible sexual intercourse on her and when she started to weep, the petitioner told her not to disclose this before anybody, otherwise her life will be spoiled and he also assured her that he is going to marry her, at that time she was 17 years. It is also stated, thereafterwards also about 3 times continuously he had such sexual intercourse with her and when she enquired about the marriage, he told her not to worry that he is going to marry her and again he took the victim girl on 12.07.2017 to the house of his relative at Kuvempu Nagar and during night inspite of her protest again he committed the sexual intercourse on her. Then he warned her not to disclose this fact otherwise he will not spare her. On the basis of the said complaint a case came to be registered for the said offences. :4:
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader for the respondent/State.
4. Perused the grounds urged in the bail petition, FIR, complaint and also the other materials. It is no doubt true, so far as the medical aspect is concerned, it is mentioned by the Doctor who conducted local gentile examination of the victim girl that hymen was torn. But looking to the very complaint averments, it goes to show that, it is not one act of alleged sexual intercourse, continuously the victim girl use to have such sexual intercourse with the petitioner. Now she has mentioned her age as 19 years and so far as the first incident is concerned there is delay of more than 3 years. Therefore prima facie all these materials go to show, that even if there is a sexual intercourse between the two, it is consensual in nature. Therefore by imposing reasonable conditions, petitioner can be admitted to regular bail. :5:
5. Accordingly, petition is allowed. The petitioner/accused is ordered to be released on bail in Crime No.4/2017 registered by the respondent Police for the above said offences, subject to following conditions:
i. Petitioner has to execute personal bond for a sum of Rs.1,00,000/- and furnish one surety for the like sum to the satisfactions of concerned Court.
ii. Petitioner shall not tamper with any of the
prosecution witnesses directly or
indirectly.
iii. Petitioner shall appear before the
concerned Court regularly.
Sd/-
JUDGE
RHR/-