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Karnataka High Court · body

2016 DIGILAW 834 (KAR)

Basavaraja v. State

2016-11-08

R.B.BUDIHAL

body2016
ORDER : R.B. Budihal, J. This petition is filed by the petitioner/sole accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 450 and 376 of IPC, registered in respondent - police station in Crime No. 139/2016. 2. Brief facts of the prosecution case as per the complaint averments are that, the victim lodged the complaint alleging that on 16.05.2006 she was alone in the house. Having had the food at night, she was sleeping in the house. In the midnight, she heard a sound of knocking the door of her house. She woke up and saw that it was 3.00 a.m., she went near the door and asked who is the person knocking the door. The person told his name as Raja who is the present petitioner. She told the person to come near the window side but he did not come. She waited for one or two minutes. Again in a low tone, she heard that he is Raja and told that the door be open. Under the impression that he may be his son Raja and might have come drunk, she open the door but she noticed that the petitioner was standing in a nude position and he entered the house pushing her. She told him that she is like his mother she be relieved and not to be done any thing. But he threatened to murder her, closed her mouth, removed her clothes and committed rape on her. She got out of his clutches and took her saree and went out of the house. She fell down near the house of one Dyavaiah and the said Dyavaiah, his wife Thayamma, member Mahadeva and others gave water to her and pacified her. On the basis of the said complaint, the case came to be registered before the respondent police. 3. Learned Government Pleader submits that the victim woman in this case herself is the complainant. In her complaint, she has specifically stated the entry of the present petitioner into the house and forcibly committing sexual intercourse on her. He also submitted that even if, Forensic Science Laboratory Report is not supporting the allegations made in the complaint, there is prima facie case sufficient to show that the petitioner has committed the alleged offences. Hence, he submits that the petitioner is not entitled to be released on bail. 4. He also submitted that even if, Forensic Science Laboratory Report is not supporting the allegations made in the complaint, there is prima facie case sufficient to show that the petitioner has committed the alleged offences. Hence, he submits that the petitioner is not entitled to be released on bail. 4. In reply, Learned Counsel for the petitioner submits that except the complaint averments, there is no other material to support the case of the prosecution. Learned Counsel for the petitioner refers to the Forensic Science Laboratory Report which is negative and not supporting the case of the prosecution. Hence, he submitted that the petitioner has made out the case for his release on bail. Now the investigation is completed and charge-sheet is filed. Therefore, by imposing reasonable conditions, the petitioner may be enlarged on bail. 5. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State. 6. I have perused the grounds urged in the bail petition, FIR, complaint, charge-sheet, Forensic Science Laboratory Report and other materials placed on record. 7. Complainant is the victim woman in this case. In her complaint, she has specifically stated about the present petitioner coming to the house and asking the complainant to open the door. Further allegation also goes to show that he entered into the house and thereby, committed the alleged offences on the complainant The materials goes to show that immediately she lodged the complaint before the police and she was sent to the medical examination. The Investigating Officer collected her belongings and they were sent to Forensic Science Laboratory for examination and report. Forensic Science Laboratory Report is also produced by the learned Counsel for the petitioner. Perusing the same, in serial No.1, article Nos.1, 2 and 7 to 10 is mentioned that seminal stains was not detected and in serial No.2, article No.6 is mentioned as spermatozoa was not detected. 8. It is not the case of the prosecution that there was a delay in lodging the complaint and after lapse of so many days, medical examination was conducted and belongings were sent for examination and report to Forensic Science Laboratory. As per the case of the prosecution, it was attended immediately. 8. It is not the case of the prosecution that there was a delay in lodging the complaint and after lapse of so many days, medical examination was conducted and belongings were sent for examination and report to Forensic Science Laboratory. As per the case of the prosecution, it was attended immediately. Therefore, as rightly submitted by the learned Counsel for the petitioner that except the report of the Forensic Science Laboratory which is negative, there is no other prima facie material to show the alleged offences committed by the petitioner. Now, investigation is completed and charge-sheet has been filed and that the petitioner has contended in the petition that he is innocent and not committed the alleged offences and he has undertaken to abide by any conditions to be imposed by this Court. 9. Having regard to the facts and circumstances, this is a fit case to exercise the discretion in favour of the petitioner. 10. Accordingly, petition is allowed. Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 450 and 376 of IPC registered in respondent-police station in Crime No. 139/2016 subject to the following conditions: (a). Petitioner shall execute a personal bond for Rs. 1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court. (b). Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly. (c). Petitioner has to appear before the concerned Court regularly.