Allowed

Aruna @ Arun v. the State by S H O

Karnataka HC19 Apr 2022CRL.A/471/2022

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed by an appellant challenging the rejection of his bail application in a case involving offences under the IPC and SC/ST (POA) Act, allowing his release on bail subject to conditions.

What did the court decide?

Enlarged the appellant on bail subject to a personal bond of Rs.50,000 with two sureties, address proof, non-tampering conditions, and appearance on all dates.

Aruna @ Arun Vs the State by S H O — Narcotics (NDPS) | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 19^TH DAY OF APRIL, 2022

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

¶6

CRIMINAL APPEAL NO.471 OF 2022

¶7

BETWEEN:

¶8

ARUNA @ ARUN, S/O RAJAPPA @ NAGARAJA, AGED ABOUT 25 YEARS, R/O SHANKARANAHALLI GRAMA, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT, BALLARI-583 131.

¶9

… APPELLANT

¶10

(BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) (PH)

¶11

AND:

¶12

THE STATE BY S.H.O. WOMEN POLICE STATION, DAVANAGERE, REPRESENTED BY S.P.P., HIGH COURT, BANGALORE-560 001.

¶13

SAVITHA W/O RAMESH, AGED ABOUT 38 YEARS, R/O. C/O. SURENDRA HOUSE, BEHIND ASHRAYA HOSPITAL, DAVANAGERE-577 006.

¶14

…RESPONDENTS

¶15

(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1) (PH) R2- SERVED AND UNREPRESENTED

¶16

¶17

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST ACT (POA) ACT, 1989 PRAYING TO ENLARGE THE APPELLANT ON BAIL IN CR.NO.132/2021 OF WOMEN P.S., DAVANAGERE PENDING ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, AND SPL.JUDGE AT DAVANAGERE IN SC/ST SPL.CASE NO.25/2021 FOR THE OFFENCE P/U/S 448,376,504 OF IPC AND U/S 3(1)(w),3(1)(r),3(2)(v-a),3(2)(V) OF SC/ST (POA) ACT.

¶18

THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING;

¶19

JUDGMENT

¶20

This appeal is preferred by the accused praying to enlarge him on bail in crime No.132/2021 registered at Women Police Station, Davangere.

¶21

Heard the learned counsel for the appellant and the learned High Court Government Pleader for respondent/State.

¶22

¶23

Learned High Court Government Pleader

¶24

submits that notice has been served on respondent No.2/first informant. However, there is no representation.

¶25

Charge sheet has been filed against the

¶26

accused for offences punishable under Sections 448, 376 and 504 of IPC and Sections 3(1)(w), 3(1)(r), 3(2)(v-a), 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989.

¶27

It is alleged that on 17.09.2021, at about 5.30 p.m., the accused/appellant trespassed into the house of first informant/victim, belonging to scheduled caste and by thrusting a cloth into her mouth, committed rape on her.

¶28

The learned counsel for the appellant has contended that there is an inordinate delay in lodging the complaint. The victim is aged about 38 years and in the complaint itself she has stated that by discussing the matter with her family members, she has lodged the complaint. It is his contention that there is material

¶29

¶30

contradiction in the first information report and the statement of the victim recorded under Section 164 of Cr.P.C., which itself shows that the entire allegations are false. He submits that the appellant is innocent and he has been implicated in a false case. He further submits that the appellant was arrested on 20.09.2021. Now, the investigation is completed and charge sheet has been filed. He submits that the learned Sessions Judge without properly appreciating these aspects has rejected the prayer seeking bail. He therefore, seeks to allow the appeal.

¶31

Per contra, learned High Court Government Pleader contends that the victim has categorically stated in her complaint as well as in her statement recorded under Section 164 of Cr.P.C., that the accused has committed forcible sexual intercourse on her. Therefore, contends that there is a prima facie case made out against the appellant. He submits that in the event of grant of any relief to the appellant, he may tamper with the prosecution witnesses and flee from justice. Accordingly, he sought to dismiss the appeal.

¶32

¶33

Perused the material on record. The incident is

¶34

alleged to have taken place on 17.09.2021, at about 5.30 p.m., it is alleged that the accused trespassed into the house of the complainant, when she was alone and by thrusting a cloth in her mouth committed forcible sexual intercourse. In the complaint, it is stated that since she was scared of her husband, she informed the matter to her father and then lodged the complaint and hence, there was delay. In her statement recorded under Section 164 of Cr.P.C., she has stated that when her husband saw the accused committing rape on her, he assaulted him and

¶35

then the accused ran away from the spot. In the statement of the husband recorded under Section 164 of Cr.P.C., he has stated that the accused by tying the hands of his wife committed rape, which is not spoken by the victim herself. The allegations of rape committed by the accused has to established by the prosecution in a full-fledged trial. Now the investigation is completed and charge sheet has been filed. The statement of the victim is already recorded under Section 164 of Cr.P.C. The

¶36

¶37

apprehension of the prosecution can be safeguarded by

¶38

imposing suitable conditions. Hence, the following:

¶39

ORDER

¶40

Appeal is allowed.

¶41

The order dated 24.01.2021, passed by the Court of II Additional District and Sessions Judge and Special Judge at Davangere in Spl. Case No.25/2021 is hereby set aside.

¶42

The appellant/accused is directed to be enlarged on bail in crime No.132/2021 of Women Police Station, Davangere, subject to following conditions:

¶43

(i) Appellant shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for likesum to the satisfaction of the jurisdictional Court;

¶44

(ii) Appellant shall furnish proof of his residential address and shall inform the Investigating Officer/Court if there is any change in the address;

¶45

¶46

(iii) Appellant shall not tamper with the prosecution witnesses in any manner; and

¶47

(iv) Appellant shall appear before the trial court on all dates of hearing without fail.

¶48

(v) If any of the conditions are violated, prosecution is at liberty to seek cancellation of bail.

¶49

The observations made in this order shall not influence the trial of the case in any way.

¶50

Sd/JUDGE

¶51

Aruna @ Arun v. the State by S H O

Case brief

What is this about?

What did the court decide?

Aruna @ Arun v. the State by S H O

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yogesh K L @ Yogi @ Gunda Vs the State of Karnataka

Sri Naveen Kumar B K Vs State by

Sri Yashwanth Vs State by Women Police Station

Sri M Nagaraju Vs State of Karnataka

Yogesh Kumar Vs State of Karnataka

Smt. Muthamma, W/O B. Nagaraju, Vs the State