Honnappa. H. U. S/o Umesh. H. P v. State of Karnataka by Gubbi Police Station
2017-09-18
RATHNAKALA
body2017
DigiLaw.ai
ORDER : Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent. 2. The petitioner is charge-sheeted by the respondent-police for the offences punishable under Sections 376, 420 of IPC and under Section 3 (1)(r)(s)(w)(2) and 3 (2) (v) SC/ST Act. 3. The allegation is, the petitioner and the prosecutrix had affair for one year. Under the assurance of marrying her, he had sexual intercourse with her and he had taken away her golden articles. But for last 2-3 months, he avoided her. When questioned, he told that she is from low caste community, hence, he will not marry her and denied of receiving any gold article from her. 4. Learned counsel for the petitioner submits that none of the offences under Section 3(1) and (2) of SC/ST Act is attracted in the given facts and circumstances. It is not the case of forcible rape to make out an offence under Section 376 of IPC. As per the complaint allegations itself, there is no allegation of forcible sex. During the course of investigation, the gold jewelries which were received by the petitioner from her is recovered. At the most, the offence may fall under Section 420 of IPC. The petitioner is a student prosecuting his II PUC and the complainant is much elder to him and he will abide by any conditions that may be imposed by this Hon’ble Court. 5. Learned High Court Government Pleader opposes the petition. 6. Keeping open the question of offences which may be attracted on the available material to the Special Court while framing the charge for the present, it is felt since the petitioner is not shown to have criminal records, he being a permanent resident of cause title address, his presence can be secured during the trial before the Court. Having regard to the nature of allegation, there is no impediment to allow the petition. Accordingly, petition is allowed. Petitioner is enlarged on bail in connection with Crime No.108/2017 registered by the respondent Police, subject to the following conditions: (i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the concerned Court. (ii) He shall appear before the concerned Court regularly on all the hearing dates. (iii) He shall not threaten the prosecutrix and her family members.