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2013 DIGILAW 124 (KAR)

Kishore v. State of Karnataka

2013-02-01

ANAND BYRAREDDY

body2013
ORDER Anand Byrareddy, J.—Heard the Counsel for the petitioner and the learned Government Pleader. The learned Government Pleader seeks time to file statement of objections. However, having regard to the facts and circumstances, the petition is considered for final disposal. 2. It is alleged in the complaint that the petitioner and the complainant were known to each other and the petitioner had come to the house of the complainant and he had enticed her to go along with him on the pretext that he would marry her. The petitioner is aged about 20 and the complainant is aged about 27. She was married, but had been estranged from her husband and was living with her parents. It is alleged that the petitioner seeking to take advantage of her situation, had enticed her to go with him and that they had gone away and stayed in Abella Village, Kodagu District and had lived together for more than a month. It transpires that on their return to the village, the complainant had lodged a complaint claiming that she had been enticed by the petitioner, who had sex with her against her will and later, the petitioner, under threat of danger to her life, continued to have sex for over a month and it is finally that he brought her back to their village. On the basis of the above allegations, a case has been registered against the petitioner for offences punishable under Sections 366, 506 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for brevity). The Court below, on a bail petition by the petitioner, has summarily rejected the same, on the footing that the details of the manner in which the complainant was taken away and brought back, would have to be gone into at the time of the trial and that it is not a case where the petitioner could be granted bail. This can hardly be said to address the circumstances of the case. Abduction and rape would require some element of force and it is not a situation where there has been a surreptitious kidnapping and without anybody's knowledge, the complainant being restrained and being forced to have sexual intercourse. This can hardly be said to address the circumstances of the case. Abduction and rape would require some element of force and it is not a situation where there has been a surreptitious kidnapping and without anybody's knowledge, the complainant being restrained and being forced to have sexual intercourse. From the narration of the circumstances, the complainant appears to have willingly gone with the petitioner and having resided together and thereafter she having brought back by the petitioner himself, it would indicate that the element of force or violence was missing. The petitioner has made out a case for enlargement on bail. The petition is allowed. The petitioner is entitled to be enlarged on bail, subject to the following conditions.-- (1) The petitioner shall execute a personal bond in a sum of Rs. 25,000/- (Rupees Twenty-five thousand only) with a solvent surety for a like sum to the satisfaction of the Court below. (2) The petitioner shall not leave the jurisdiction of the Court below without the leave of the Court. (3) The petitioner shall offer all co-operation in the investigation of the offence. (4) The petitioner shall make himself available for further investigation at all points of time. (5) The petitioner shall attend the Court on all dates of hearing of the case. (6) The petitioner shall not, in any manner seek to tamper with the prosecution evidence.