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2023 DIGILAW 1272 (KAR)

Tejas V v. State of Karnataka

2023-11-06

MOHAMMAD NAWAZ

body2023
JUDGMENT 1. This appeal is preferred by the accused praying to release him on bail in Crime No.168/2023 registered at Avalahally Police Station, Bengaluru. 2. I have heard the learned counsel for appellant, learned High Court Government Pleader for the State and respondent No.2/victim who is present before the Court. 3. On a complaint lodged by respondent No.2, Avalahally Police registered Crime No.168/2023 against the appellant for the offences punishable under Sections 506, 504, 376, 313 and 417 of IPC. In the complaint, it is averred that the complainant is aged about 24 years and after the demise of her parents, she has been residing in a rented house and working at reliance. She got acquainted with the accused who was also working there and their acquaintance turned into close intimacy. On two to three occasions, the accused took her to his house in the absence of his parents and committed forcible sexual intercourse on her and promised that he will marry her. Thereafter, on the pretext of marriage, on several occasions he committed sexual intercourse and told her not to reveal the incident to others. Further, when she conceived, he got her pregnancy aborted and then changed his mobile number and refused to marry her telling her that she belong to scheduled caste and also abused her in filthy language, threatened her etc. 4. Investigation is completed and charge sheet is filed for the offences punishable under Sections 376, 417, 504 and 506 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 5. The learned Sessions Judge while rejecting the bail petition filed under Section 439 of Cr.P.C. has opined that there is a prima facie and reasonable ground for believing that the accused has committed the offence of rape and other offences, which are alleged by the victim and there are sufficient materials on record to connect the petitioner with the crime showing his prima facie involvement. The bail petition was rejected considering the nature of allegations against the accused and the nature of evidence in support thereof, observing that there is a reasonable apprehension of witnesses being tampered with etc. 6. Learned counsel appearing for appellant would contend that even if the entire allegations are accepted, the ingredients of the offences alleged are not made out. The bail petition was rejected considering the nature of allegations against the accused and the nature of evidence in support thereof, observing that there is a reasonable apprehension of witnesses being tampered with etc. 6. Learned counsel appearing for appellant would contend that even if the entire allegations are accepted, the ingredients of the offences alleged are not made out. He contends that the victim is a major aged about 24 years and the complaint averments reveal that, she is a consenting party and the allegations that there was forcible sexual intercourse with a promise of marriage etc is false. He submits that the appellant is in judicial custody from 19.08.2023 and he is not required for any further interrogation, as the charge sheet is already filed. He submits that the appellant is ready and willing to abide by any conditions and he will regularly appear before the trial Court. Accordingly, he has sought to allow the appeal. 7. The learned High Court Government Pleader has opposed the prayer contending that there is a prima facie case made out against the appellant/accused for a serious offence and in the event of grant of bail, he may tamper with the prosecution witnesses particularly the victim. Therefore, she seeks to reject the appeal. 8. The victim who is present before the Court submits that she wants to compromise the matter, if the appellant is willing to marry as promised by him. 9. Admittedly, the complainant/victim is a major aged about 24 years. The complaint averments would reveal that the accused and the complainant were working together at the same place and at that time they developed some intimacy. The allegations are that on the pretext of marriage, the accused committed forcible sexual intercourse on several occasions and then refused to marry the complainant stating that she belong to scheduled caste and threatened her etc. It is also alleged that when she became pregnant, the accused gave tablets to her and on consuming those tablets her pregnancy got aborted. The incident is said to have taken place between 01.03.2021 and 30.04.2023. The complaint is lodged on 07.05.2023. It is not specifically stated in the complaint as to when the incident has taken place and when the accused administered tablets to the complainant and caused abortion. The allegations have to be substantiated in due course. Investigation is completed and charge sheet is already filed. The complaint is lodged on 07.05.2023. It is not specifically stated in the complaint as to when the incident has taken place and when the accused administered tablets to the complainant and caused abortion. The allegations have to be substantiated in due course. Investigation is completed and charge sheet is already filed. In view of the submission made by respondent No.2/victim and considering the peculiar facts and circumstances of the case, the relief sought by the appellant can be granted by imposing suitable conditions. Accordingly, the following: ORDER 10. Appeal is allowed. 11. The order dated 15.09.2023 passed by the Court of the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in Criminal Misc No.1795/2023 is set aside. 12. The appellant/accused is ordered to be enlarged on bail in Crime No.168/2023 of Avalahally Police station, subject to following conditions: i. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the Jurisdictional Court. ii. He shall furnish proof of his residential address and shall inform the Court if there is any change in the address. iii. He shall not tamper with the prosecution witnesses either directly or indirectly. iv. He shall not put any threat or inducement to the victim in any manner. v. He shall not leave the jurisdiction of the trial court, without the prior permission of the learned Sessions Judge. vi. He shall appear before the trial court on all dates of hearing without fail. 13. If any of the above conditions are violated, the prosecution shall be at liberty to seek cancellation of the bail order.