Allowed

Sangayya S/O. Sharanayya Kadabalakatti v. the State of Karnataka

Karnataka HC21 Sept 2023CRL.P/102207/2023

Case brief

AI extract

What is this about?

This is a bail petition filed under Section 439 Cr.P.C. by a single accused facing charges of rape and cheating. The High Court granted bail subject to stringent conditions, including execution of a personal bond and a prohibition on contacting the prosecutrix, noting that investigation was complete.

What did the court decide?

Petitioner released on bail on execution of a personal bond of Rs. 1,00,000 with two sureties subject to conditions including not contacting the prosecutrix and not tampering with witnesses.

Sangayya S/O. Sharanayya Kadabalakatti Vs the State… — Cheating and Forgery | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10978 CRL.P No. 102207 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF SEPTEMBER, 2023

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BEFORE

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

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CRIMINAL PETITION NO. 102207 OF 2023

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BETWEEN:

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SANGAYYA S/O. SHARANAYYA KADABALAKATTI, AGE: 26 YEARS, OCC: DRIVER, R/O. YAPALADINNI, TQ. YALABURGA, DIST: KOPPAL.

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…PETITIONER

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(BY SRI. T. HANUMAREDDY, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.09.22 15:21:59 +0530

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THE STATE OF KARNATAKA, THROUGH BEVOOR POLICE STATION, BEVOOR, TQ: YALABURGA, DIST: KOPPAL, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011 …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER (SOLE ACCUSED) IN CRIME NO.61/2023 ON THE FILE OF THE BEVOOR POLICE STATION, TQ YALABURGA AND DIST: KOPPAL NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT AND SESSION JUDGE AT KOPPAL IN SC NO. 69/2023.

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2 - NC: 2023:KHC-D:10978 CRL.P No. 102207 of 2023

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

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ORDER

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Petitioner who is the sole accused has filed this petition under Section 439 Cr.P.C. to grant him bail in Crime No.61/2023 of Bevoor police station for the offences punishable under Sections 376 and 417 of Indian Penal Code (for short, ‘IPC’).

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In support of his petition, petitioner has contended that he has not committed the alleged offences and he has been falsely implicated. The entire prosecution case is created at the behest of the complainant/prosecutrix. Even if the version of the complainant/prosecutrix is accepted, it is the case of consensual sexual relationship between the prosecutrix and the accused. There is inordinate delay of 6 years in filing the complaint. No explanation is forthcoming as to the delay in filing the complaint. The petitioner is arrested on 04.06.2023 and since then he is in judicial custody. After completing detailed investigation, charge sheet is

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3 - NC: 2023:KHC-D:10978 CRL.P No. 102207 of 2023

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filed and as such, his continued presence in judicial custody is not required. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial Court and prays to allow the petition.

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Learned High Court Government Pleader submitted oral objections stating that the marriage of the prosecutrix took place with one Chananyya Hiremath of Budakatti village about 10 years back. She is having two children. Whenever she used to visit her parental home at Yapaladinni, the petitioner came to be acquainted with her

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and used to visit and behave with her freely. On 05.09.2017 at 6.30 p.m. while she went to the land of one Rajesab to attend nature’s call, petitioner came there and said to leave her husband and he would marry her and under the promise to marry, he committed sexual assault on her. Though she got fearful of her reputation, petitioner started visiting her whenever she was coming to her parental home and repeatedly committed sexual assault with a promise to marry her.

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4 - NC: 2023:KHC-D:10978 CRL.P No. 102207 of 2023

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3.1. Ultimately believing his words, complainant left

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her husband and started living at Yapaladinni. On 30.05.2023, petitioner took the prosecutrix to Koppal with a promise to marry her and in a room committed sexual assault on her. But he again refused to marry her. On one occasion when the petitioner was having sexual intercourse with her in the land, one Kalappa Shalabhavi and Govinda Nagappagouda saw them and adviced the petitioner. Under the promise to marry her, the petitioner has taken two tolas of gold from her and ultimately refused to marry her and after consulting her elders namely Jyanappa Meti, Yamanurappa Policepatil, Basayya Bhavi, Palakshayya Hiremath, Kalakayya Belloli, Kalakayya Hiremath, she lodged the complaint.

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3.2. Based on the complaint, case is registered in Crime No.61/2023 for the offences punishable under Sections 376 and 417 of IPC and investigation is taken up. The petitioner and the prosecutrix are subjected to medical examination which supports the prosecution case.

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5 - NC: 2023:KHC-D:10978 CRL.P No. 102207 of 2023

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The statement of the witnesses are recorded. The prosecutrix has also given statement under Section 164

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Cr.P.C. Charge sheet makes out a strong prima facie case against the petitioner. If released on bail, the petitioner may threaten or tamper with the witnesses and also abscond and prays to reject the petition.

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Heard arguments and perused the record.

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In this case the prosecutrix is a married

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woman. Though in the complaint she has given her age as 20 years old, in her medical examination report her age is noted as 28 years. According to the complaint averments,

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she has given in marriage about 10 years prior to filing of the complaint and she is having two children. According to the complainant, whenever she used to visit her parental home at Yapaladinni, the petitioner who is known to her, used to visit her and act freely. Under the promise to marry her, on 05.09.2017 for the first time he had sexual intercourse with her and this was repeated time and again whenever she used to visit her parents home. Ultimately

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on the advice of the petitioner, she left her matrimonial

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home and started living in her parental home.

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It is also alleged that on 30.05.2023 the

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petitioner took her to Koppal with a promise to marry her and in a room once again committed sexual assault on her and sent her back and refused to marry her. Looking to the age of the prosecutrix and the fact that she is already married, it is for the prosecution to prove that it is a case of rape under the promise to marry her and she has consented to the said sexual relationship acting upon such promise. Anyhow already investigation is completed and charge sheet is filed. Consequently continued incarceration of the petitioner in the custody is not required for the purpose of investigation. Ofcourse there is apprehension on the part of the prosecution that the petitioner may threaten or tamper with the witnesses and also abscond which may be overcome by imposing stringent condition. Taking into consideration the above facts and circumstances, this Court is of the considered opinion that

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7 - NC: 2023:KHC-D:10978 CRL.P No. 102207 of 2023

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the petitioner is entitled for bail and accordingly the following:

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ORDER

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Petition is allowed. Petitioner/accused is

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released on bail, in Crime No.61/2023 of Bevoor

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police station for the offences punishable under

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Sections 376 and 417 IPC, subject to following:

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CONDITIONS

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a) The petitioner/accused 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) Petitioner/accued shall not contact the prosecutrix.

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c) Petitioner/accused 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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d) Petitioner/accused shall not tamper with the prosecution witnesses either directly or indirectly.

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e) Petitioner/accused shall not indulge in any criminal activities.

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8 - NC: 2023:KHC-D:10978 CRL.P No. 102207 of 2023

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f) Petitioner/accused shall be regular in attending the Court proceedings.

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Sd/JUDGE

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KGK / List No.: 1 Sl No.: 28

Sangayya S/O. Sharanayya Kadabalakatti v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sangayya S/O. Sharanayya Kadabalakatti v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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