Allowed

Nagesh S/O Ratnakar Kurudekar v. the State of Karnataka

Karnataka HC12 Oct 2023CRL.A/100441/2023

Case brief

AI extract

What is this about?

An appeal against bail rejection was allowed. The High Court granted bail to the appellant, a student, in a case involving sexual offences and atrocities, noting the relationship was consensual and the complainant is a majority adult.

What did the court decide?

The appellant is released on bail subject to execution of a personal bond, making himself available for investigation, and not tampering with witnesses.

Nagesh S/O Ratnakar Kurudekar Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2023)

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NC: 2023:KHC-D:12356 CRL.A No. 100441 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL APPEAL NO. 100441 OF 2023 (U/S 14 A(2) of SC and ST ACT-)

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BETWEEN:

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NAGESH S/O RATNAKAR KURUDEKAR, AGE: 24 YEARS, OCC: STUDENT, R/O. TALAKAL, TQ: YELBURGA, DIST: KOPPAL-582114.

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…APPELLANT

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(BY SRI. H. N. GULARADDI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH GADAG WOMEN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011.

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL

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JYOTI D/O PARASAPPA LAMANI, AGE: 23 YEARS, OCC: HOUSE HELP-HIRED, R/O. ULLATTI, TQ: LAXMESHWAR, DIST: GADAG, NOW AT GADAG HUDCO COLONY, 1ST CROSS, DIST. GADAG-582101.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP, NOTICE TO R2 SERVED)

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THIS CRIMINAL APPEAL IS FILED U/SEC. 14(A)(2) OF SC/ST (POA) AMENDMENT ACT 2015, PRAYING THIS COURT TO, GRANT REGULAR BAIL TO THE APPELLANT/ACCUSED NO.1 IN GADAG WOMEN P.S. CRIME NO. 25/2023 PENDING BEFORE THE ADDL. DISTRICT AND SESSION JUDGE, GADAG REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC.

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376(2)(n), 313, 504, 506 OF IPC AND SEC. 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(va) OF SC/ST PREVENTION OF ATROCITY ACT, 2015. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Appellant who is arraigned as accused No.1 has filed this appeal under Section 439 of Criminal Procedure Code (for short, “Cr.P.C”) with a prayer to grant him bail in Crime No.25/2023 for the offences punishable under Sections 376(2)(n), 313, 504, 506, of Indian Penal Code (for short, “IPC”) Sections 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(va) of Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, 2015 (for short, “SC/ST Act”). 2. In support of his appeal, appellant has contended that he has been falsely implicated in the case. According to the complaint averments, the incident took place on 08.08.2023, at about 11.50 a.m., but complaint was filed on 01.09.2023. There is a delay of 24 days in filing the complaint. Appellant is student and his examination is fast approaching. If he has not granted

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bail, his entire year will be spoiled. The accused Nos.2 and 3, are granted anticipatory bail by the Sessions Court. Appellant/accused No.1 is the permanent resident of the address given in the cause title. He is ready and willing to abide by any conditions that may be imposed and offers substantial surety to the satisfaction of the trial Court. The alleged offences are not exclusively punishable with death or imprisonment for life and prays to allow the appeal.

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Learned High Court Government Pleader submitted oral objections stating that complainant is aged about 23 years and she is belongs to Hindu Lambani Scheduled Caste. Since 3 years, she was in love with appellant/accused No.1. Appellant/accused No.1 and complainant lived together for 3 years in house at Gadag, this fact was known to the parents of the appellant/accused No.1, who are arraigned as accused Nos.2 and 3. In fact they visiting their house on several occasions. During this period, she and appellant/accused No.1 lived together, she became pregnant and undergone abortion at the instance of appellant/accused No.1.

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Recently, the complainant came to know that

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appellant/accused No.1 is in contact with accused No.4 and when she questioned him, he refused to marry her. When this fact is brought to the notice of parents of the appellant/accused No.1, they abused referring to her caste and said that the accused being Daivadnya Brameen would not marry her, who belongs to scheduled caste. The fact of complainant being in love with appellant/accused No.1 is known to the sister to the complainant and also to her friends. When they also intervened and advised the appellant/accused No.1 to marry, he refused to do so. When complainant contacted the accused No.4 and requested her not interfere in their life, she also gave threat to her life.

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Based on the complaint, case is registered and investigation is taken up. In fact complainant has given statement before Jurisdictional Magistrate under Section 164 of Cr.P.C. Already statements of the witnesses is recorded. Both complainant and appellant/accused No.1 are subjected to medical examination which supported the

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allegations made by the complainant. The charge sheet levelled against the appellant/accused No.1 is very grave. If released on bail, there is every likelihood of appellant/accused No.1 threatening or tampering with the prosecution witnesses and may also involve in similar offences and prays to reject the petition.

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After due service of notice, respondent No.2 who is complainant has appeared before the Court and submitted written statement stating that now, the appellant/accused No.1 consented to marry her and she has no objections to grant bail to him.

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Heard the arguments and perused the records.

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From the complaint averments and material

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placed on record, it is evident that as on the date of filing of the complaint, complainant/prosecutrix is aged about 23 years. In the complaint itself, it is stated that she was in love with appellant/accused No.1 since 3 years and they stayed together in Gadag. This fact was known to the family members of the appellant/accused No.1 and

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accused Nos.2 and 3 who are parents of appellant/accused No.1 were in visiting terms with them when they lived together. During this period when they stayed together, she became pregnant several times and undergone abortion at the instance of the appellant/accused No.1. After the appellant/accused No.1 came in contact with accused No.4 difference of opinion arose between the complainant and him and when she has chosen to file complaint. During the course of her statement under Section 164 of Cr.P.C. given before the jurisdictional Magistrate she has reiterated allegations made in the compliant. Already the statements of the several witnesses are recorded.

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Having regard to the fact that the complainant is major and it appears to be consensual relationship between her and appellant/accused No.1. Having regard to the fact that there is considerable progress in the investigation and the appellant/accused No.1 is in judicial custody since 03.09.2023 and already accused Nos.2 and 3 have been granted anticipatory bail, this Court is of the

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considered opinion that appellant/accused No.1 is also entitled for bail. Of course, the interest of the prosecution is required to be safeguarded by imposing stringent conditions and accordingly the following:

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ORDER

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Appeal is allowed.

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Appellant/accused No.1 is released on bail,

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in Crime No.25/2023 for the offences punishable under Sections 376(2)(n), 313, 504, 506, of Indian Penal Code, Sections 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(va) of Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, 2015, subject to following:

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CONDITIONS

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a) The appellant/accused No.1 shall execute a personal bond in a sum of Rs.1,00,000/with two sureties for the like-sum.

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b) The appellant/accused No.1 shall make himself available for the purpose of investigation as and when required and He shall co-operate with the investigation.

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c) The appellant/accused No.1 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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