Chandappa S/o Narasappa Nayak v. State of Karnataka
2019-03-25
K.SOMASHEKAR
body2019
DigiLaw.ai
ORDER : 1. This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No.219/2018 of Gabbur Police Station, registered for the offences punishable under Sections 448, 376 and 506 of IPC. The petitioner is in judicial custody from the date of his arrest and hence sought for grant of regular bail among the grounds urged in the petition. 2. Factual matrix of the petition are as under: It is alleged in the complaint lodged by the complainant-Jayamma being the victim that, she is a married woman and staying with her husband namely, Durgappa and also eking out their livelihood by doing some coolie work and the petitioner is also known to her. It is further alleged that, the complainant-victim and her husband went to Hirebodur village in search of work and they were staying in a hut in the land of Vinod Reddy. The victim was working in the neighboring lands and the petitioner used to visit the village to his relatives house and used to talk to her. That, on 07.11.2018, the victim was working in the land of said Vinod Reddy. At that time, she received a phone call to her mobile No.7026931956 from the petitioner through his Cell No.7022057035 and he told her that he is interested in her and asked her to join him, for which she informed that she is already married and asked him not to use such language and further asked him not to call her again. It is further alleged that at about 2.00 p.m., she returned to the hut for lunch. At that time, the petitioner was standing under a tree by the side of the hut and when she entered into the hut, the petitioner also entered into the house and closed the door and also gagged her mouth with means of hand kerchief and had a sexual intercourse with her. The same is also reveals in the statement of the victim recorded under Section 164 of Cr.P.C. by the concerned Judicial Magistrate First Class. Subsequent to registration of the case against the accused, the Investigating Officer has investigated the case and laid the charge sheet against the accused in C.C.No.42/2019 arise out of Crime No.219/2018 of Gabbur Police Station. 3. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondentState. 4.
Subsequent to registration of the case against the accused, the Investigating Officer has investigated the case and laid the charge sheet against the accused in C.C.No.42/2019 arise out of Crime No.219/2018 of Gabbur Police Station. 3. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondentState. 4. It is contended by the learned counsel for the petitioner during the course of his argument that the petitioner is an innocent person and by avocation, he is a student and if the petitioner is kept behind the bar for a longer period, his career would be ruined. This fact requires to be considered other than the material find place in the record. The persons those who are in inimical terms with the petitioner have registered a crime by setting up a theory in order to lugged him in this heinous offence. It is further contended that the medical record does not reveal the occurrence of the incident and the doctor has recorded that external genitalia is normal. This fact reveals that the complaint came to be filed by the complainant at the instance of the persons, those who are in inimical terms with the petitioner by narrating the entire story. Subsequently, the Investigating Officer has taken up the case for investigation and laid the charge sheet in C.C.No.42/2019. Therefore, the petitioner is not required to the Investigating Agency in further. It is further contended that the petitioner is ready to abide by any conditions to be imposed by this Court while granting bail to him. On all these grounds, learned counsel for the petitioner seeking for bail. 5. Per contra, learned Additional State Public Prosecutor appearing for the respondentState has taken me through the averments made in the complaint, so also the statement of the victim recorded by the concerned Judicial Magistrate First Class under Section 164 of Cr.P.C. dated 17.01.2019, which reveal that the victim is said to be a married woman of one Durgappa and she is aged about 22 years. The victim had been to the land of one Vinod Reddy in order to fetching a coolie work. At that time, the petitioner had been to that place and had a forcible sexual intercourse on the victim in her hut by gagging her mouth with means of hand kerchief.
The victim had been to the land of one Vinod Reddy in order to fetching a coolie work. At that time, the petitioner had been to that place and had a forcible sexual intercourse on the victim in her hut by gagging her mouth with means of hand kerchief. It is contended that the victim had undergone medical examination, wherein the history of the incident reveals as recent signs of sexual intercourse; patient complains of being assaulted by a person (Chandappa) as stated by patient; she has last episode of sexual contact on 10.11.2018, as stated by the patient; the event was forceful and against the victim. Therefore, there are primafaciematerials against the petitioner in committing the alleged offence. Therefore, if the petitioner is supposed to be released on bail, certainly, there shall be an adverse impact on the society. These are all the contentions taken by the learned High Court Government Pleader, seeking dismissal of the bail petition filed by the petitioner/accused. 6. Having regard to the strenuous contentions taken by the learned counsel for the petitioner as well as the learned Additional State Public Prosecutor for the State are concerned, it is relevant to state that during the course of investigation, on 23.11.2018, the Investigating Officer has conducted the seizure mahazar and under that mahazar, seized the hand kerchief used by the petitioner to gag it into her mouth at the time of committing the alleged offence and the said mahazar reveals that on enquiry, the petitioner has admitted that he gagged the mouth of the victim with means of hand kerchief at the time of committing the sexual intercourse on her on 07.11.2018. To that effect, she has also given a statement. Based upon the complaint filed by the complainant, a case in Crime No.219/2018 came to be registered and thereafter, the Investigating Officer has proceeded with the case for investigation by recording the statement of witnesses, so also by securing the material documents relating to the medical examination undergone by the victim, who is aged about 22 years and also being the married women, regarding the sexual assault committed by the petitioner on her. The petitioner has spoiled her carrier, as she has to lead her marital life with her husband namely, Durgappa. The same has been reveals in the materials secured by the Investigating Officer during the course of investigation.
The petitioner has spoiled her carrier, as she has to lead her marital life with her husband namely, Durgappa. The same has been reveals in the materials secured by the Investigating Officer during the course of investigation. Having regard to the involvement of the petitioner in the alleged crime is concerned, it is said that if the petitioner is released on bail, certainly there shall be an adverse impact on the society and the same cannot be ruled out. 7. Therefore, for the aforesaid reasons as well as under the circumstances of the case, I am of the opinion that the petitioner is not deserving for bail. Hence, I proceed to pass the following: ORDER The bail petition filed by the petitioner/accused under Section 439 of Cr.P.C. is hereby rejected.