Subhamoy Burman v. State of Karnataka, Represented by the Public Prosecutor
2017-10-09
R.B.BUDIHAL
body2017
DigiLaw.ai
JUDGMENT : 1. This petition is filed by the accused under Section 439 of Cr.P.C seeking for his release on bail of the alleged offences punishable under Sections 307, 313, 323, 420, 493 and 509 of IPC registered by the respondent police in Cr.No.202/2017. 2. Brief facts of the prosecution case as per the complaint averments is that the petitioner and his family members had found the profile of complainant on 'Bharat Matrimony' Website on June, 2016 and had approached the complainant's family for her hand in marriage. After much discussion and persuasion from their end, her family had arranged for the marriage on 05.02.2017. At the relevant time, the complainant was working in Bengaluru and the petitioner was working in Deloitte at Hyderabad. Soon after the marriage was finalized, he proclaimed that he will shift to Bengaluru with a new job so that they could stay together. Accordingly, they started residing together from 01.09.2016 at T3, Akruthi Nilaya, 10th cross, Saibaba Temple Road, Munnekolala. In the course of their relationship, she got pregnant. When she informed him about the same, he vehemently opposed to have a child and ordered her to abort it and accordingly, she got aborted. The other allegations go to show that later the present petitioner had denied the marriage and he had affairs with some other ladies also. On the basis of said complaint, a case came to be registered for the aforesaid offences. 3. Heard the arguments of learned counsel for the petitioner, so also the learned High Court Government Pleader for respondent-State. 4. The learned counsel for the petitioner submitted that the complaint averments and the prosecution materials produced prima facie, goes to show that the petitioner and the complainant started staying together in one house in the year 2016, itself. He submitted that false allegations are made against the present petitioner about the alleged offences. He also submitted that regarding the allegation of his promise to marry her and about other allegations of miscarriage at his instance and attempt to murder her, is a matter of trial. He further submitted that the investigation is completed and the charge-sheet is also filed. Hence, he submitted that by imposing reasonable conditions, the petitioner may be enlarged on bail. 5.
He further submitted that the investigation is completed and the charge-sheet is also filed. Hence, he submitted that by imposing reasonable conditions, the petitioner may be enlarged on bail. 5. Per contra, the learned High Court Government Pleader submitted that the complaint averments as well as prosecution materials collected during the investigation, prima facie, goes to show the involvement of present petitioner in commission of alleged offence. He submitted that on the pretext of marrying the complainant, the petitioner has enjoyed physical contact with her and when she became pregnant, he told her to get aborted and at his instance, her pregnancy was terminated on 04.10.2016. He submitted that the present petitioner is also having contact with other ladies and is having CDs with him in connection with the affairs between the complainant and petitioner. He submitted that the offences committed by the petitioner are serious in nature and hence, he is not entitled for bail and prays to reject the bail petition. 6. I have perused the grounds urged in the bail petition, FIR, complaint and the entire charge-sheet material, so also, considered the submissions made by both the learned counsel at the Bar. Even according to the prosecution, the complainant was aged about 26 years and looking to the complaint averments, there is a mention that the present petitioner who was earlier working at Hyderabad subsequently came over to Bengaluru and the complainant and the petitioner started residing together from 01.09.2016 itself and it is stated by the complainant that in the course of their relationship, she got pregnant. 7. So far as the alleged offence under Section 376 of IPC is concerned, the very averments in the complaint made by the complainant at this stage, prima facie, goes to show that the sex between the complainant and the present petitioner was consensual in nature. So far as the termination of pregnancy of the complainant and the promise of petitioner to marry her, is a matter for trial. Even so far as the alleged offence under Section 307 of IPC is concerned, it is not the case of prosecution at this stage that she sustained severe injuries and she is still getting treatment in the hospital. 8. Admittedly, the investigation is complete and the charge-sheet is filed. The alleged offences are not punishable with death or imprisonment for life.
8. Admittedly, the investigation is complete and the charge-sheet is filed. The alleged offences are not punishable with death or imprisonment for life. The petitioner contended that he is innocent and he is not involved in the commission of alleged offence and there is a false implication. So far as the allegation in the complaint and the material collected in respect of the alleged offences, the same is required to be considered at the stage of trial. In view of the very admission of complainant in the complaint that the petitioner and herself were staying together in one house, it is a fit case to exercise discretion in favour of the petitioner. 9. Accordingly, the Criminal Petition is allowed. The petitioner is ordered to be released on bail for the alleged offences, subject to the following conditions: i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court. ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly. iii. Petitioner shall appear before the concerned Court regularly. Since the main petition is disposed off, application, i.e., I.A.No.1/2017 does not survive for consideration. Accordingly, I.A.No.1/2017 is disposed off.