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2020 DIGILAW 1062 (KAR)

Santosh @ Hussainsab v. State Of Karnataka R/by State Public Prosecutor

2020-06-12

ASHOK G.NIJAGANNAVAR

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JUDGMENT Ashok G Nijagannavar, J. - This petition is filed under Section 439 Cr.P.C. seeking bail in Crime No.43/2020 of Kushtagi Police Station for the offences punishable under Section 506, 504, 376, 420, 323 of I.P.C. 2. The facts briefly stated in the petition are that on the complaint filed by Smt.Vidya d/o Satyanarayanareddi, the police have registered a case. The allegations are that she is the practicing advocate since 2011, in the year 2014, she came in contact with the accusedpetitioner and they were in living in relationship since 23.05.2015. The petitioner-accused went on postponing the marriage on one and the other pretext. He has taken huge amount from the complainant and has also forcible intercourse on several times. As a result of which, the complainant had become pregnant and she was compelled to get aborted three times. After taking all benefits from the complainant, the petitioner-accused has tried to marry another girl thereby he has committed the offences. 3. On registering the case, the police have taken up the investigation. The petitioneraccused was arrested on 20.02.2020, since then he is in judicial custody. The bail petition filed before the Sessions Court is rejected. 4. Heard the learned counsel for the petitioner-accused and the learned HCGP for the respondent-State. Perused the prosecution records available at this stage. 5. The learned counsel for the petitioneraccused submitted that the allegations made in the complaint are false and baseless. The said allegations clearly indicate that there was a consensual sex between the complainant and the petitioner-accused without marriage. The complainant had filed a suit against the accused on 19.02.2020 to restrain the petitioner-accused from contacting the marriage with second defendant. When she was unable to get the interim order in the said suit, on the very next day she has filed a false complaint against the petitioner-accused making frivolous allegations. Due to the detention, the accused is put to hardship. He is ready and willing to abide by the conditions that may be imposed by the Court. 6. Per contra, the learned HCGP submitted that the accused-petitioner has led maritallife with the complainant on the pretext of marriage and has also taken financial benefits. There is a prima facie case that the accused has committed the alleged offences. In the event of granting bail, the accused is likely to cause threat to the complainant. Thus, the bail petition deserves to be rejected. There is a prima facie case that the accused has committed the alleged offences. In the event of granting bail, the accused is likely to cause threat to the complainant. Thus, the bail petition deserves to be rejected. 7. The Hon'ble Supreme Court in a decision in the case of Dataram Singh V/s State of Uttar Pradesh and another, (2018) 3 SCC 22 , has observed that a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison is an exception. No doubt the grant or denial of bail is entirely the discretion of the Judge considering the case. Yet there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case. 8. In the instant case, the allegations made in the complaint discloses that the complainant is a practicing advocate and she was in living in relationship with the petitioneraccused since 2015. Her main grievance is that the accused went on postponing the marriage on one or the other pretext and she was also compelled to get aborted three times. In addition to that, the petitioner-accused has taken financial benefits from the complainant, but thereafter he is trying to contact marriage with another girl thereby he has cheated the complainant and has also committed the alleged offences. It is pertinent to note that the complainant is not a rustic lady, she being practicing advocate knew the consequences of her relationship. The complainant has initiated criminal proceedings after filing a suit O.S.No.120/2020 before the Civil Judge at Hungund for permanent injunction to restrain the accused-petitioner from contacting marriage with another girl. At this stage, it is needless to make elaborate discussion or to give specific finding as the same is not permissible while considering the bail application. It is submitted that the charge sheet is fi ed after completion of the investigation. As such, the presence of the petitioner may not be required for custodialinterrogation. 9. At this stage, it is needless to make elaborate discussion or to give specific finding as the same is not permissible while considering the bail application. It is submitted that the charge sheet is fi ed after completion of the investigation. As such, the presence of the petitioner may not be required for custodialinterrogation. 9. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection can be set right by imposing stringent conditions. 10. Taking all the aforesaid factors into consideration, this Court is of the view that it would be appropriate to grant bail to the accused-petitioner, subject to certain terms and conditions. Accordingly, I proceed to pass the following: ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioneraccused shall be released on bailin connection with Kushtagi P.S. Crime No.43/2020, pending on the file of J.M.F.C., Kushtagi, subject to following conditions. 1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh rupees only) with two sureties for the like sum to the satisfaction of the trial Court. 2. The petitioner shall not indulge in tampering the prosecution witnesses. 3. The petitioner shall appear before the trial Court/Sessions Court on all the future hearing dates unless prevented by any genuine cause. 4. The petitioner shall not leave the jurisdiction of the trial Court/Sessions Court without prior permission, till the disposal of the case. 5. The petitioner shall give attendance to the concerned police station every Sunday till conclusion of the trial. If the accused/petitioner violates any of the conditions, the bail order shall stand vacated automatically. It is made clear that any observation made by this Court shall not have any bearing in other proceedings.