IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 20TH DAY OF JULY, 2016

:BEFORE:

THE HON'BLE MR.JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO. 4710/2016

BETWEEN:

MOHAN KUMAR G. C., S/O. A. K. CHANDRAPPA, AGED ABOUT 27 YRS., OCC: MOBILE SHOP, R/O KSRP QUARTERS, OPP: GANGANAGAR, MAJJIGENAHALLI, BHADRAVATHI TALUKA, SHIVAMOGGA DIST. - 577 301. (NOW IN JUDICIAL CUSTODY). … PETITIONER

(BY SRI. RAVINDRA B. DESHPANDE, ADV.)

AND:

THE STATE OF KARNATAKA, BY MAHILA POLICE STATION, SHIVAMOGGA - 577 201. (REP. BY S.P.P., HIGH COURT BUILDINGS, BENGALURU - 560 001.) ... RESPONDENT

(BY SRI. S. VISHWAMURTHY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 75/2015 (S.C. NO. 213/2015) OF WOMEN P.S., SHIVAMOGGA FOR THE OFFENCE P/U/S 366, 376, 506, 342 AND 114 R/W 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel for the petitioner. Perused the records.

2. The respondent – Police have registered a case in Crime No.75/2015 of Kote Circle Women Police Station, Shimoga, for the offence punishable under section 376, 366, 506, 342, 114 read with Section 34 of IPC on the complaint lodged by the victim girl who was aged about 19 years as on the date of the alleged incident.

3. It is the case of the victim girl that the petitioner was often meeting her near the college. Her friend one Shoba was loving one Bikula. In fact, the petitioner was residing adjacent to the place where the victim girl was residing in a hostel. In this background, they developed friendship with each other and they started talking over phone. In this background, it is stated that the petitioner expressed his love and requested her to love him. The matter reached the climax. It is alleged that the petitioner threatened her with the dire consequences to commit suicide if she do not love him. It is the case that throughout he has been attempting to blackmail her and once he has consumed sleeping tablet etc., It is in this background, it is stated that on 13.5.2015, the petitioner telephoned to the victim girl and requested to come out of the hostel and he would like to marry her etc., otherwise he would commit suicide. In order to advice him, the victim girl went near the place where the petitioner was residing, from there, it is alleged that the petitioner along with his friends took her in a vehicle and he took her to Bengaluru and then changed his mind and took her to Tiptur and then to Shikaripura etc., Ultimately, they stayed in Shikaripura in the house of one of his friends and thereafter, they went to Koppal in a Car and from 14.5.2016, they stayed in a house at Koppal and ultimately on 26.5.2015, the petitioner and the victim girl were traced at Koppal. On that day itself, the petitioner was arrested since 26.5.2014, he has been in Judicial Custody. The statement of the victim girl and the surrounding circumstances creates a serious doubt as to whether she was a consenting party to go along with the petitioner to marry him and to stay with him.

4. Though, she was at the earlier stages, reluctant to marry him, but later in the statement she has stated that she also requested him to marry her etc., This also

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creates a serious doubt with regard to the conduct of the petitioner as well as the victim girl and with regard to their relationship. The Police after thorough investigation have filed the charge sheet. The petitioner has been in Judicial Custody since 26.5.2016. The victim girl is aged more than 19 years. Therefore, during the course of full dressed trial, it has to be thrashed out whether on the persuasion of the petitioner she accompanied him or whether there is any voluntariness. Therefore, in my opinion, at this stage, the petitioner has made out a ground for grant of bail particularly u/s.439 of Cr.P.C.

5. Hence, I pass the following order:

The petition is allowed. Consequently, the petitioner shall be released on bail subject to the following conditions:

• (1) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety for the like-sum to the satisfaction of the Jurisdictional Magistrate.
• (2) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
• (3) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by any genuine cause.
• (4) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.

Sd/- JUDGE

PL*