Allowed

Dinesha v. the State of Karnataka

Karnataka HC10 Nov 2023CRL.P/10928/2023

Case brief

AI extract

What is this about?

In this bail petition, the High Court of Karnataka allowed the plea for regular bail. The Court found that the petitioner made out a prima facie case despite the close relationship between the accused and the victim, and ordered release subject to specific conditions.

What did the court decide?

Petitioner directed to be released on bail with a personal bond of Rs. 1,00,000/- and one surety for the same sum.

Dinesha Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2023)

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NC: 2023:KHC:40406 CRL.P No. 10928 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 10928 OF 2023

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BETWEEN:

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DINESHA S/O LATE SHIVEGOWDA, AGED ABOUT 47 YEARS, CHEEKANAHALLI BANDE VILLAGE, AREHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 115.

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…PETITIONER

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(BY SRI. PRATHEEP K.C, ADVOCATE) AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPRESENTED BY AREHALLI POLICE STATION, HASSAN DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01. …RESPONDENT (BY SRI. RAHUL K RAI, HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.62/2023 FOR THE OFFENCE P/U/S 376(N), 504, 506 OF IPC BY AREHALLI POLICE STATION, HASSAN DISTRICT AND PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DIV) AND JMFC AT BELUR, HASSAN DISTRICT.

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NC: 2023:KHC:40406 CRL.P No. 10928 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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Accused in Crime No.62/2023, registered by Arehalli Police Station, Hassan, for the offences punishable under Sections 376(N), 504, 506 of Indian Penal Code (for short hereinafter referred to as 'IPC'), is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned Counsel for the petitioner and learned High Court Government Pleader for respondent-State.

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On the basis of the complaint dated 26.07.2023 lodged by Smt.Sahithya D/o late Shivanna, FIR in Crime No.62/2023 was registered by Arehalli police station against the petitioner herein for the aforesaid offences. In the complaint, it is averred that victim's father-Shivanna had died about two years prior to the complaint. After the death of her father, she was staying in the house of the petitioner who is her maternal aunt's husband. In the said house, the petitioner allegedly sexually assaulted the victim against her wishes. This was informed by her to the petitioner's wife and also to her elder sister. However, they had not helped her and on the other

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3 - NC: 2023:KHC:40406 CRL.P No. 10928 of 2023

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hand, they had advised her and the petitioner. In the complaint, it is further averred that the petitioner was threatening her that he would circulate the obscene photos of the victim which he had in his mobile. He also allegedly threatened victim that he would not allow her to marry anybodyelse and he himself would marry her. Therefore, on 26.07.2023, she had approached the police and lodged the complaint. During the course of investigation in the said case, the petitioner was arrested on 28.07.2023. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the II Addl. District and Sessions Judge, Hassan in Crl. Misc. No. 1211/2023 was rejected on 18.10.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that the victim is a major, aged about 24 years. From the perusal of the complaint averments it is seen that she was a consenting party. Investigation in the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition.

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NC: 2023:KHC:40406 CRL.P No. 10928 of 2023

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Per contra, the learned HCGP has opposed the bail application. He submits that serious allegations have been made by the victim against the petitioner who is her close relative. The chances of tampering the material witnesses cannot be ruled out in this case. Accordingly, prays to dismiss the petition

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From the perusal of the complaint as well as charge sheet allegations, it is seen that the petitioner and the victim are close relatives. The petitioner is the husband of the victim's maternal aunt. After the death of the victim's father about two years prior to the compliant, the victim was staying in the house of the petitioner along with her maternal aunt and their children. In the complaint, it is averred that for the last one and half years, the petitioner was sexually assaulting the victim and the same was informed by the victim to her maternal aunt and elder sister. The material on record would go to show that even thereafter, victim continued to stay in the

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house of the petitioner. The petitioner had allegedly committed sexual assault on her when she stayed in his house. The allegation now made against the petitioner is that the petitioner has threatened that he would circulate the obscene photos of

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the victim and he also threatened her that he will not allow her to marry anybody else. The allegations made against the petitioner is required to be proved in a full-fledged trial. Undisputedly, the victim is a major and as on the date when she started staying in the house of the petitioner, she was aged about 22 years. Investigation in the case is completed and the charge sheet has been filed. Hence, I am of the opinion that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, I pass the following:

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ORDER

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The Criminal Petition is allowed.

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The petitioner is directed to be released on bail in respect of Crime No.62/2023 registered by Arehalli Police Station, Hassan pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Belur, Hassan District for the offences punishable under Section 376(N), 504, 506 of IPC, subject to the following conditions:-

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;

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NC: 2023:KHC:40406 CRL.P No. 10928 of 2023

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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SD/JUDGE

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List No.: 1 Sl No.: 52 CT: BHK

Dinesha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dinesha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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