Karnataka High Court
Stephen A N vs The State Of Karnataka on 10 February, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.7066/2021
BETWEEN:
STEPHEN A N
S/O NICHOLAS
AGED ABOUT 45 YEARS
R/AT NO.24/A
RAMAMURTHY BUILDING
4TH CROSS, VENUGOPAL
SW BOMMASANDAR
VIDYARANYAPURA
BENGALURU - 97
... PETITIONER
(BY SMT. SHEETAL SONI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY BASAVANGUDI
WOMEN POLICE STATION
REP. BY PP OF HIGH COURT
OF KARNATAKA
BENGALURU - 560 001
... RESPONDENT
(BY SRI VINAYAKA V.S, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER IN CRIME
NO.116/2021 OF BASAVANAGUDI WOMEN POLICE STATION,
BENGALURU FOR THE OFFENCES PUNISHABLE UNDER
2
SECTIONS 376, 498A, 504, 506 OF IPC AND SECTIONS 3 AND 4
OF D.P. ACT AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.116/2021 of Basavanagudi Women Police Station, Bengaluru for the offences punishable under Sections 376, 498A, 504, 506 of IPC and Sections 3 and 4 of D.P. Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case is that on 27.03.2008, the marriage was solemnized between the complainant and accused No.1 and at the instance of accused persons, some gold ornaments and household articles were given at the time of the marriage and after the marriage also, accused No.1 demanded for the scooter and accordingly, he got the same from the complainant's parents. The complainant and accused No.1 had 3 no issues as the complainant was having some problem in fertility and in that connection, accused Nos.1 and 3 abused her in a filthy language. Accused No.2 is the Ayurvedic doctor and he was brought to the house of accused No.1 and introduced him to the complainant. Accused No.2, with the support of accused No.1, examined the complainant against her wish and started to treat her and thereafter, the complainant got conceived and hence, the accused Nos.1 and 3 forced the complainant to abort the said child and in that connection, they subjected the complainant for both mental and physical cruelty. Accused No.2 forcibly had sexual intercourse with the complainant on several times under the influence of intoxication of alcohol and when the complainant noticed the said fact, she brought the same to the notice of accused Nos.1 and 3 but they did not heed to the words of the complainant and they replied that they have faith on accused No.2. Based on the complaint, the police have registered the case and after investigation of the matter, filed the charge-sheet for the aforesaid offences against this petitioner along with other accused persons. 4
4. The learned counsel appearing for the petitioner would submit that a false allegation is made against this petitioner and he has not committed any act as alleged in the complaint and there are no material against this petitioner to show that he subjected the complainant for sexual act and this petitioner is ready to abide by the conditions that may be imposed by this Court and prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that the complainant made the statement under Section 164 of Cr.P.C before the learned Magistrate stating that she was subjected to sexual act under the influence of alcohol and this Court has to take note of the statement of the complainant and prayed to dismiss the petition.
6. Having heard the respective counsel for the parties and also on perusal of the material on record and also looking into the facts of the case on hand, in the complaint there is no specific allegation is made against this petitioner that on what date, the complainant was subjected to sexual act by accused No.2 and a general omnibus allegation is made in the complaint 5 and apart from that the complainant stated before the doctor that she was subjected for sexual act three to four times in three years and when such being the factual aspects are available on record and when there is no specific date is mentioned on what date she was subjected for sexual act and there is no medical evidence before the Court to support the said case and having taken note of the fact that this petitioner-accused No.2 is an Ayurvedic doctor and also an allegation against accused Nos.1 and 3 that they were supporting accused No.2 for subjecting the complainant for sexual act but in the absence of medical report and this petitioner is in custody from 29.07.2021, it is a fit case to exercise the discretion in favour of the petitioner.
7. In view of the discussions made above, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in connection with Crime No. 116/2021 of Basavanagudi Women Police Station, Bengaluru for the offences punishable under Sections 6 376, 498A, 504, 506 of IPC and Sections 3 and 4 of D.P. Act, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE SN