Karnataka High Court
Lingamurthy vs The State Of Karnataka on 7 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:32286
CRL.P No. 7600 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7600 OF 2023
BETWEEN:
LINGAMURTHY,
S/O LATE MAHESHWARAPPA,
AGED ABOUT 32 YEARS,
R/O SOMASHETTYHALLI VILLAGE,
KANAKATTE HOBLI,
ARSIKERE TALUK,
HASSAN - 573 103.
...PETITIONER
(BY SRI. AKASH B SHETTY, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY HASSAN WOMEN POLICE STATION,
Digitally
signed by REPRESENTED BY THE SPP,
NANDINI MS HIGH COURT BUILDING,
Location:
High Court BANGALORE - 560 001.
of Karnataka
...RESPONDENT
(BY SMT. SOWMYA R., HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.61/2023 OF
HASSAN WOMEN P.S., HASSAN FOR THE OFFENCE P/U/S 376,
420, 354C, 509, 342, 506 OF IPC ON THE FILE OF THE 7TH
ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT HASSAN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:32286
CRL.P No. 7600 of 2023
ORDER
Accused in Crime No.61/2023 registered by Hassan Women Police Station for the offences punishable under Sections 376, 420, 354C, 509, 342 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.
2. Heard the learned counsel for the parties.
3. On the basis of complaint lodged by Smt. Anusha P.B. dated 26.06.2023, the Hassan Women Police had registered FIR in Crime No.61/2023 for the aforesaid offences. In the complaint it is averred that the complainant was married to Sanjay P.B. on 03.10.2025. Accused - Lingamurthy, who was working as a peon in the school in which the complainant studied, was in acquaintance with the complainant and he used to visit the place where, the complainant worked. It is further alleged in the complaint that accused had come to the place where complainant worked and had taken her out along with him to have lunch. On that day, he had made the complainant to drink some juice in his house and after that the complainant lost her conscious and when she woke up, she had body pain -3- NC: 2023:KHC:32286 CRL.P No. 7600 of 2023 and when enquired, the accused informed her that he loved her and therefore, he had sex with her. He also informed her that he had recorded obscene videos of her in his mobile phone and he threatened that he would be forwarding the said videos to the people known to her. Thereafter, it is alleged that petitioner repeated the act of sexual assault on the complainant by threatening her. On his demand, the complainant also paid him a sum of Rs.18 lakhs. It is further alleged that at the instance of the petitioner, the complainant had filed a case in M.C. No.76/2021 before the Kadur Civil Court seeking dissolution of her marriage with her husband and the same was allowed. Thereafter, the petitioner allegedly continued his act of sexual assault against the complainant and he was constantly threatening of releasing obscene videos of the complainant. It is also stated that though the petitioner had promised to marry her, he has subsequently refused to marry her and it is in this background, complaint was lodged, which had resulted in registering FIR in Crime No.61/2023.
4. During the course of investigation, petitioner was arrested on 18.07.2023. His bail application filed before the Court of V Additional District and Sessions Judge at Hassan in -4- NC: 2023:KHC:32286 CRL.P No. 7600 of 2023 Crl. Misc. No.908/2023 was rejected on 10.08.2023. Under these circumstances, the petitioner is before this Court.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that a false complaint has been lodged against the petitioner after he had refused to marry the complainant, who has taken divorce from her husband. Accordingly, prays to allow the petition.
6. Learned HCGP has opposed the bail application.
7. From the reading of the complaint averments it is seen that the allegation of sexual assault and criminal intimidation etc. against the petitioner are for the period earlier to the year 2021. In the year 2021, the complainant has filed a case in M.C. No. 76/2021 before the jurisdictional Civil Court seeking divorce from her husband. The entire allegations in the complaint against the petitioner relates to the period prior to complainant filing the divorce petition against her husband. However, complainant has stated that at the instance of the petitioner, she had filed a divorce petition as against her husband. She has further stated that after the divorce petition was allowed, the petitioner has refused to marry her and it is in this background, she had approached the police and lodged a -5- NC: 2023:KHC:32286 CRL.P No. 7600 of 2023 complaint. Therefore, the genuineness of the allegations made by the complainant becomes highly doubtful. Petitioner is in custody since 18.07.2023. Major portion of the investigation is completed. Under these circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.61/2023 registered by Hassan Women Police Station for the offences punishable under Sections 376, 420, 354C, 509, 342 and 506 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, 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;-6-
NC: 2023:KHC:32286 CRL.P No. 7600 of 2023
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
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.
Sd/-
JUDGE VBS List No.: 1 Sl No.: 62 CT:STK