VENKATESH MOURYA, S/O SRI PATALAPPA v. STATE BY UPPARPET POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR
2017-02-02
JOHN MICHAEL CUNHA
body2017
DigiLaw.ai
ORDER : This petition is filed under Section 438 of Cr.P.C. for grant of anticipatory bail in Cr.No.231/2016 registered by the respondent police under Sections 376, 496, 420 and 506 of IPC. 2. The outline facts leading to the petition are that the victim presented a private complaint before the IV Additional Chief Metropolitan Magistrate, Bengaluru, alleging that she has been running a number of NGOs’ and in the course of her activities she came in contact with the petitioner herein, who was a highly influential State leader in BJP party and he assured to help her in running her NGOs’ by providing financial aid. It is further alleged in the complaint that the petitioner herein was able to manipulate the complainant’s mind and assured her that he is interested in marrying her and since both had the same aim in their lives and shared the same interests, they would be able to do it together and their marriage would not affect their social work. In the complaint, she has specifically alleged that on 05.11.2011 the petitioner herein called her to a hotel and committed rape against her will and when she threatened to lodge complaint, the petitioner herein promised to marry her. The further allegations are of much significance. In the same complaint, she has alleged that the petitioner took hand loan from her on various occasions amounting to Rs.35,00,000/- and also took 250 gms of gold articles from her. She has further alleged that initially the petitioner agreed to repay the amount borrowed from her and also to marry her and kept on delaying. Later, he denied to marry her and also denied to repay her the amount which he had borrowed from her. Though in the complaint sexual assault is leveled against the petitioner yet as per the version of the complainant herself the incident had taken place as back as in 2011. The subsequent events narrated by her in the complaint indicate that there were financial dealings between the parties. 3. Under the above circumstance, merely on the ground of invoking the provisions of Section 376 of Cr.P.C. the petitioner cannot be denied the benefit of anticipatory bail.
The subsequent events narrated by her in the complaint indicate that there were financial dealings between the parties. 3. Under the above circumstance, merely on the ground of invoking the provisions of Section 376 of Cr.P.C. the petitioner cannot be denied the benefit of anticipatory bail. Moreover, it is submitted that the statement of the complainant/victim is already recorded under Section 164 of Cr.P.C. Therefore, taking into account the all above said facts, I am of the view that the petitioner can be admitted to anticipatory bail subject to the stringent conditions so as to secure his presence for the purpose of investigation as well as for eventual trial. Hence, I pass the following: ORDER The petition is allowed. The petitioner is directed to appear before the Investigating Officer within ten days from the date of this order and on his appearance, the Investigating Officer shall interrogate the petitioner and if necessary move for further application before the Magistrate for any further orders or else he shall be enlarged on bail on the same day on obtaining a bond for a sum of Rs. 3,00,000/- lakhs (Rupees three lakhs only) with two sureties for the likesum and subject to the further condition that the petitioner shall mark his attendance in Upparpete Police Station on the last working day of every calendar month until submission of the final report. Petitioner shall not intermeddle with the investigation and shall not allure or threaten the prosecution witnesses in any manner.