Karnataka High Court
Sunil S/O Hari Jadhav vs The State on 15 September, 2020
Author: K.Somashekar
Bench: K.Somashekar
1
IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
DATED THIS THE 15TH DAY OF SEPTEMBER, 2020
BEFORE:
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION No.200396 OF 2020
BETWEEN:
SUNIL S/O HARI JADHAV,
AGE : 29 YEARS, OCC: COOLIE,
R/O DEVAPUR TANDA,
TALUK : CHITTAPUR,
DISTRICT KALABURAGI. ...PETITIONER
(BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
AND:
THE STATE THROUGH WADI
POLICE STATION,
REPRESENTED BY
ADDL.S.P.P.,
HIGH COURT OF KARNATAKA,
KALABURAGI - 585 107. ...RESPONDENT
(BY SRI THEJESH.P, HCGP)
THIS CRIMINAL PETITION FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON BAIL
IN CR.NO.140/2018 (S.C.NO.89/2019) OF WADI POLICE
STATION, DISTRICT KALABURAGI FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 504, 506, 376 OF IPC
PENDING BEFORE THE 5TH ADDITIONAL SESSIONS JUDGE
AT KALABURAGI.
2
THIS CRIMINAL PETITION PERTAINING TO
KALABURGI BENCH COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING AT BENGALURU, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This is a successive bail petition filed by the petitioner/accused in connection with Crime Number 140 of 2018 of Wadi Police Station, Kalaburgi District for the offences punishable under Sections 504, 506, 376 of the Indian Penal Code. The accused is in judicial custody since from the date of his arrest in the aforesaid crime and there is no progress in the aforesaid case in C.C.No.103/2018 though the case has been committed to the Court of Sessions for trial. On these grounds, counsel seeks for regular bail in this successive bail petition filed by the accused as there are developmental circumstances.
2. Heard Sri.Liyaqat Fareed Ustad, learned counsel appearing for the petitioner through video 3 conference and learned High Court Government Pleader appearing for the Respondent/State who is physically present before the Court.
3. It is relevant to refer the complaint filed by the complainant on 11.10.2018, which transpired that on 08.10.2018 at about 9.30 p.m., while the complainant/ victim slept in a room after having her dinner, the accused entered into her house by pushing the door and while she wanted to scream, the petitioner abused her in filthy language and threatened her with dire consequences. Thereafter, the accused gagged her mouth with a piece of cloth and while she was trying to get up, her hands were tied by her veil and had committed rape against her. At that time, the neighbourers came there and on seeing them, the accused ran away from the spot and the same has been reflected in a statement given by the victim as contemplated under Section 164 of Cr.P.C. The said statement has been recorded by the Court of 5th 4 Additional Civil Judge and JMFC, Kalaburgi on 15.10.2018. The petitioner being arraigned as accused in the aforesaid crime is married and having two children aged about 2½ and 1½ years, despite of it, he involved in the alleged offence and the same has been reflected in the FIR and also in the charge-sheet as well as the materials collected by the I.O. during the course of investigation.
4. Learned counsel for the petitioner has taken me through the materials and allegations leveled against the accused and so also the complaint filed by the complainant against the accused. The I.O. has already laid the charge-sheet against the accused, consisting statement of witnesses, so also mahazar said to be conducted by the I.O., so also medical certificate relating to the victim girl who is aged about 18 years. Counsel for the petitioner submitted that there is no progress in the case against the accused and it will take a longer time to 5 complete the case on trial against the accused. This fact requires to be considered, apart from the other grounds that the entire case does not rest upon any specific materials against the accused in committing the alleged offence. Even the medical certificate reveals that there is no specific act committed by the accused. The accused is the only breadwinner in the family and if he is supposed to be kept behind bar for a longer period, his family will be put in a difficult situation and hence, seeks that the petition be allowed and the petitioner be released on bail.
5. Per contra, learned High Court Government Pleader appearing for the Respondent-State who has taken me through the averments made in the FIR wherein it is clearly stated regarding the involvement of the accused and so also committing the alleged offence on the victim girl. The statement given by the victim under Section 164 of CR.P.C. and allegations made against the accused are in conformity with the act of the 6 accused on the victim girl. Therefore, the accused is not deserving for the relief of bail even though it is a successive bail petition filed by the accused. Learned HCGP further contends that if the accused is supposed to be released on bail, certainly there shall be an adverse impact on the Society and seeks for dismissal of the bail petition.
6. Having regard to the strenuous contentions taken by the counsel for the petitioner as well as the learned HCGP, it is relevant to refer to the statement of the victim girl as contemplated under Section 164 of Cr.P.C. recorded by the Judicial Magistrate of the First Class and also the materials collected by the I.O. such as statement of the witnesses and so also the said fact is reflected the charge-sheet laid against the accused by the I.O. whereas the heinous act committed by the accused is recorded. If the accused is released on bail, there shall be not only an adverse impact on the society but he 7 would also come in the way of the prosecution case by extending intimidation to the cited witnesses and the same could be inferred from the materials collected by the I.O. and so also the statement given by the victim girl under Section 164 of Cr.P.C. during the course of investigation before the Judicial Magistrate of the First Class wherein she has stated in detail the act of rape committed on her by the accused. Therefore, in view of the aforesaid reasons and so also in the peculiar circumstances of the case, this Court is of the opinion that the accused is not deserving to be released on bail though he had filed a successive bail petition. Consequently, the bail petition stands rejected.
Sd/-
JUDGE DH