Allowed

Shiva Chander S v. State of Karnataka by

Karnataka HC11 Jul 2022CRL.P/5656/2022

Case brief

AI extract

What is this about?

The High Court allowed bail in a criminal case involving allegations of rape, cheating, and fraud under Sections 376, 406, 420, 504, and 506 of IPC. The petition was disposed of on the basis of WhatsApp messages indicating the complainant knew of the petitioner's marriage intentions, subject to a condition to refund the alleged cheated amount.

What did the court decide?

Petitioner released on bail subject to personal bond, second sureties, no tampering, court appearance, jurisdiction restriction, and refund of Rs.3 lakhs within one week.

Shiva Chander S Vs State of Karnataka by — Cheating and Forgery | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF JULY, 2022

¶3

BEFORE

¶4

THE HON'BLE MR. JUSTICE H.P. SANDESH

¶5

CRIMINAL PETITION NO.5656/2022

¶6

BETWEEN:

¶7

SHIVA CHANDER S, S/O SWAMI PILLAI, AGED ABOUT 37 YEARS, R/AT NO.88/3, BAZAR STREET, VENKATAPPA GULLY, ADUGODI, BENGALURU – 560030. ...PETITIONER

¶8

(BY SRI M. SHARASS CHANDRA, ADVOCATE)

¶9

AND:

¶10

STATE OF KARNATAKA BY J.P. NAGAR P.S., REP BY SPP, HIGH COURT OF KARNATAKA , BENGALURU – 560001. ...RESPONDENT

¶11

(BY SRI MAHESH SHETTY, HCGP FOR R-1, SRI VENKATESH PRASAD R., ADVOCATE FOR COMPLAINANT)

¶12

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.98/2022 REGISTERED BY JAYAPRAKASH NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376, 406, 420, 504 AND 506 OF IPC, WHICH IS PENDING ON THE FILE OF IV ADDL.C.M.M., BENGALURU.

¶13

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

¶14

¶15

O R D E R

¶16

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.98/2022 of Jayaprakash Nagar Police Station, Bengaluru, for the offence punishable under Sections 376, 406, 420, 504 and 506 of IPC.

¶17

Heard the learned counsel for the petitioner and the

¶18

learned High Court Government Pleader appearing for the respondent-State.

¶19

The factual matrix of the case of the prosecution is that the complainant in the complaint made an allegation against this petitioner that he made false promise of marriage and subjected her for mental and physical harassment and also subjected her for sexual act and also life threat and also received an amount of Rs.4 lakhs from her and cheated the complainant and the said amount is her alimony amount. Out of that, he returned an amount of Rs.1 lakh on 02.04.2022 and remaining amount has not been paid. Based on the complaint, the police have registered the case, investigated the matter and filed the charge-sheet, wherein an allegation is made against this petitioner that he not only subjected her for sexual act, but also

¶20

¶21

committed the offence of criminal breach of trust and fraud and abused in a filthy language and caused life threat.

¶22

The learned counsel for the petitioner placed on record the charge-sheet material before the Court and contend that the complainant is a divorcee having 14 year old child and though it is alleged that there was a promise, no such promise of marriage was made and frequently they met each other and not disputed the fact that Rs.4 lakhs was received. The learned counsel submits that the amount of Rs.3 lakhs was returned by cash and Rs.1 lakh by way of cheque. The learned counsel submits that the petitioner is ready to pay the balance amount of Rs.3 lakhs. The learned counsel submits that there was no any promise of marriage and the learned counsel in support of his arguments, relied upon the whatsapp chat between the complainant and this petitioner and particularly he brought to the notice of this Court the chat dated 23.03.2022, wherein the complainant herself has chated with the petitioner that this is also till the petitioner officially get married and also brought to the notice of this Court the other whatsapp chat between the complainant and the petitioner dated 07.04.2022 saying that continue speaking to petitioner’s future wife. The learned

¶23

¶24

counsel brought to the notice of this Court the other chat dated 09.04.2022, wherein she has forced the petitioner to love her and also says that her old Shiva has gone somewhere. The learned counsel brought to the notice of this Court the chat dated 12.04.2022 referring the girl which the petitioner is intended to marry and further chat dated 14.04.2022 that she expected this behaviour once this petitioner engaged officially or after marriage. The learned counsel referring these chats would contend that there was no any promise of marriage as alleged in the complaint and the complainant was aware of the fact that the relationship has been continued and also the complainant was aware of the fact that he is going to marry other girl and discussed with regard to marriage also. When such being the case, it is not a case for invoking Section 376 with a promise to marry and hence he may be enlarged on bail.

¶25

Per contra, the learned High Court Government

¶26

Pleader appearing for the respondent-State submits that the complaint averment is very specific that with a promise to marry her, the petitioner subjected her for sexual act. Apart from that, the amount was also collected to the tune of Rs.4 lakhs.

¶27

¶28

The learned counsel for the complainant, who assisted the learned High Court Government Pleader also brought to the notice of this Court that there was a continued sexual act by the petitioner with the complainant and hence there is a prima facie case against the petitioner and he is not entitled for bail.

¶29

Having heard the learned counsel for the petitioner

¶30

and the learned High Court Government Pleader appearing for the respondent-State and also on perusal of the material available on record, based on the complaint, the case has been registered invoking the offence punishable under Sections 376, 406, 420, 504 and 506 of IPC and also the police have investigated the matter and filed the charge-sheet. The learned counsel for the petitioner placed the whatsapp chats between the complainant and the petitioner herein. Taking note of the whatsapp chats referred above and also considering the material available on record, when the investigation has been completed and charge-sheet is filed, the accusations has to be proved during the course of trial. Keeping in view the whatsapp chats between the complainant and the petitioner, the allegations made in the complaint as well as the charge-sheet has to be

¶31

¶32

proved during the course of trial and hence no need of further custodial trial of the petitioner. Hence, it is a fit case to exercise the powers under Section 439 of Cr.P.C. with conditions.

¶33

In view of the discussions made above, I pass the

¶34

following:

¶35

ORDER

¶36

The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.98/2022 of Jayaprakash Nagar Police Station, Bengaluru, for the offence punishable under Sections 376, 406, 420, 504 and 506 of IPC, subject to the following conditions:

¶37

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

¶38

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

¶39

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

¶40

¶41

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.

¶42

(v) The petitioner is directed to refund the amount of Rs.3 lakhs within one week from today as undertaken.

¶43

Sd/JUDGE

¶44

Shiva Chander S v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

Shiva Chander S v. State of Karnataka by

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

Manjunatha Vs the State

Sri. Reddappa Vs the State of Karnataka

Somachari Vs State of Karnataka

Mr Naveena @ Subsidy Naveena Vs the State of Karnataka

Dayananda Vs State of Karnataka

Anthony Raj. B, Vs the State of Karnataka