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2013 DIGILAW 273 (KAR)

Vijaykumar v. State of Karnataka Through Kudachi

2013-03-01

B.V.PINTO

body2013
Judgment :- (This criminal petition is filed under Section 439 of CR.P.C. seeking to release the petitioner on bail in Kudachi P.S. Crime No.8/2013 for the offences under Sections 376, 420, 313, 323, 324, 504, 506(2), 143 r/w 149 of IPC.) This criminal petition is filed u/sec.438 of CR.P.C. seeking to release the petitioner on bail in the event of the arrest in Kudachi P.S. Crime No.8/2013 for the offences u/sec. 376, 420, 313, 323, 324, 504, 506(2), 143 r/w 14 of IPC by allowing this petition.) 1. These three petitions are filed seeking regular bail and anticipatory bail respectively in Crime No.8/2013 of Kudachi Police Station, Belgaum District, registered on 08.01.2013 for the offences punishable under Section 376, 420, 313, 323, 324, 504, 506, 143 read with Section 149 of IPC. One Kumari Reshma is the victim. 2. It is the case of the victim that she was in search of a job. On 19.09.2011 at about 11:00 a.m. when she was in search of a job one person come behind her and offered to secure a good job to her, his name was Vijaykumar Yallangouda Patil. Since the victim was in search of a job, she took the assistance of the said Vijaykumar and thereafter it is her case that the said Vijaykumar took her to his house, where his mother by name Suvarna was present. It is stated in the complaint that in the guise of searching of a job, the said Vijaykumar has made her to consume Thums-up and thereafter he had forcible sexual intercourse with her. It is further stated that the said person and his mother had kept her for about five months on the promise of marrying Vijaykumar. It is also stated by her that on 06.02.2012 at about 10:00 a.m. when the said Vijaykumar refused to marry, a complaint had been given to the Police Station, the said case has been registered and the trial is going on. It is further stated that on 07.02.2012, the victim had undergone abortion at the clinic of Dr.Mahaveer and thereafter one Pundlik and Raju accompanied with the petitioner and again abortion was conducted. It is further stated in the complaint that the accused- Vijaykumar has been refusing to marry her and he has cheated her and therefore, suitable action may be taken against the said Vijaykumar and others. 3. It is further stated in the complaint that the accused- Vijaykumar has been refusing to marry her and he has cheated her and therefore, suitable action may be taken against the said Vijaykumar and others. 3. The said Vijaykumar and Pundlik are arrested and they are now in the custody, hence, they have filed an application for regular bail. Smt. Suvarana, Smt. Padmawwa and Smt. Yallawwa are the residents of Morab Village, who have also been shown as accused in the complaint, they are seeking for an order of anticipatory bail. 4. Heard Sri. A.G. Mulawadmath, learned counsel for the petitioners and also Sri. V.M. Banakar, learned Additional State Public Prosecutor appearing for the respondent-State in all the cases. 5. The learned counsel appearing for the petitioners submits that the complaint is absolutely a false case filed by the victim and that though she knew the accused earlier, she has given a false statement, stating that the accused is a stranger at the earlier stage and later on she has come with a false complaint of forcible sexual intercourse. 6. On the other hand, the learned Additional State Public Prosecutor submits that the investigation is still pending and therefore, the application for bail may be rejected. 7. I have gone through the statement of the victim as well as the other material produced by the petitioner including the earlier complaint dated 02.06.2012. Without expressing any opinion regarding the prosecution case, I am of the view that the petitioners may be enlarged on bail. Accordingly, these petitions are allowed with the following orders: ORDER IN CRL.P.NOS.10259/2013 & 10260/2013 (i) The petitioners are directed to be released on bail on their executing a bond for a sum of Rs.25,000/- each with one surety each for the likesum to the satisfaction of the Court Below; (ii) The petitioners are directed not to interfere with or threaten the complainant or her family members. ORDER IN CRL.P.NO.10261/2013 (i) In the event of the arrest of the petitioners in Crime No.8/2013 of Kudachi Police Station, Belgaum District, the Arresting Officer is directed to release the petitioners on bail on their executing a bond for a sum of Rs.25,000/-each with one surety each for the like sum to the satisfaction of the Arresting Officer; (ii) The petitioners shall surrender before the Investigating Officer within fifteen days from today.