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2012 DIGILAW 422 (KAR)

Yatheesh v. State By Kamakshipalya Police Station, Bangalore

2012-05-04

ANAND BYRAREDDY

body2012
ORDER ANAND BYRAREDDY, J.—Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The petitioner is an accused in the following backdrop: The complainant is a student of 1st year P.U.C. of B.S.V.P. College, Vijayanagar, Bangalore. Her family were earlier residing in Sriramanagara in Kamakshipalya and the petitioner was her neighbour. The petitioner was infatuated with the complainant and was following her around. The complainant had informed her parents, who in turn had advised the petitioner not to harass the complainant. But he continued to woo her in the morning and in the afternoon, when she went to and fro from her college. 3. It is stated that on 23.12.2011, the petitioner had approached the complainant and expressed his deep love for her and asked her to accompany him and accordingly it was the complainant’s case that the accused forcibly took her in an auto-rickshaw to the bus stand and then to Ramanagar in a K.S.R.TC. bus, from Ramanagar she was taken to a village and kept in a house of a family of four persons for about one month. Then on 3.2.2012, she was taken to Athmaligeshwara Temple in K.M. Doddi by the petitioner, who had forcibly married her and brought her back to the village and stayed there for a week and moved on to another village. It is the complainant’s case that she was sexually assaulted by the petitioner there and it is then that she had contacted her mother and informed about her plight and sought her help. Thereafter, three days later she managed to escape from the petitioner and reached Kengal Anjaneya Temple and again informed her mother about her whereabouts. Thecomplainant’s mother in turn contacted the Chennapatna Police who had then rescued her and handed her over to her parents. 4. It is in this background, that a case has been initiated against the petitioner. The petitioner had approached the Court below seeking bail. The same has been rejected holding that if the petitioner is released on bail, he may commit similar offences and tamper with the prosecution witness. 5. From the above narration, it cannot be said that there was abduction and that there was illegal restraint of the complainant for such a long period when the complainant being in a position to raise a hue and cry and seek help of her mother and others. 5. From the above narration, it cannot be said that there was abduction and that there was illegal restraint of the complainant for such a long period when the complainant being in a position to raise a hue and cry and seek help of her mother and others. In that view of the matter, the guilt of the petitioner would have to be established at the trial since on the face of it the ingredients of the offences alleged are in doubt. 6. Therefore, the petitioner has made out a case for enlargement of bail. Accordingly, the petitioner shall be enlarged on bail subject to the following conditions: (a) The petitioner shall furnish a personal bond for a sum of Rs. 30,000/- with two solvent sureties for the like sum to the satisfaction of the Court below; (b) The petitioner shall co-operate with the Investigating Officer in all respects and attend the Court on every date of hearing; (c) The petitioner shall not leave the jurisdiction of the Court below without the leave of the Court below; (d) The petitioner shall not influence or terrorize the prosecution witness if any; and (e) The petitioner shall not in any manner interfere with the complainant and her family during the course of the trial. 7. 4:38 PM 10-06-2013With these conditions, the petition stands allowed.