Allowed

Arun S/O Bhairappa A.K. v. the State of Karnataka

Karnataka HC21 Feb 2024CRL.P/100268/2024

Case brief

AI extract

What is this about?

High Court of Karnataka allowed CD bail petition filed by an accused charged with rape and other offences. Court noted the accused had complied with interim bail, has no criminal antecedents, and married the victim. Regular bail was granted subject to personal bond and surety conditions.

What did the court decide?

Enlarged the petitioner on bail for a sum of Rs. 1,00,000/- with 2 sureties, subject to regular appearance, no tampering with witnesses, and no leaving jurisdiction.

Arun S/O Bhairappa A.K. Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC-D:4145 CRL.P No. 100268 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100268 OF 2024

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BETWEEN:

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ARUN S/O BHAIRAPPA A.K. AGE: 27 YEARS, OCC: COOLIE, R/O. ESUR, TQ. SHIKARIPUR, DIST: SHIVAMOGGA-577427.

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…PETITIONER

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(BY SRI AVINASH BANAKAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH HALAGERI PS KUMARPATTANAM CIRCLE, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.22 11:32:24 +0530

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO. 210/2023 BY HALAGERI P.S. KUMARAPATTANAM CIRCLE FOR AN OFFENCE PUNISHABLE U/SEC. 354(A), 376(2)(n), 313, 323, 504 AND 506 OF IPC.

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

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2 - NC: 2024:KHC-D:4145 CRL.P No. 100268 of 2024

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ORDER

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Accused in Crime No.210/2023 registered by

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Halageri police station, Haveri district for the offences punishable under Sections 354(A), 376(2)(n), 313, 323, 504 and 506 of IPC, is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.210/2023 was registered by Halageri police station, Haveri district against the petitioner for the aforesaid offences on the complaint of the victim. In the complaint dated 08.12.2023, the victim has alleged that the petitioner had come to her house with a proposal to marry her but the same was rejected by her parents. Thereafter, the petitioner took her along with him with a promise to marry her and he had sexual intercourse with her. She has also stated that her pregnancy was terminated by him. She further averred that in spite of her request, petitioner is not ready to marry her and he has been ill-treating her. The petitioner was arrested on

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3 - NC: 2024:KHC-D:4145 CRL.P No. 100268 of 2024

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11.12.2023 and his bail application filed before the Court of the II Addl.District and Sessions Judge, Haveri in Crl.Misc.No.940/2023 was rejected on 12.01.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that this Court had granted interim bail to the petitioner on 08.02.2024. The marriage of the petitioner with the respondent has been registered thereafter on 19.02.2024. The principal grievance of the complainant was that the petitioner had refused to register their marriage. He submits that the petitioner has not violated the bail conditions imposed by this Court. Accordingly, he prays to allow the petition.

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Learned High Court Government Pleader who

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has opposed the bail, however does not dispute the submission made by the petitioner.

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From a reading of the averments made in the complaint dated 08.12.2023, which had resulted in registering FIR in Crime No.210/2023 against the

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4 - NC: 2024:KHC-D:4145 CRL.P No. 100268 of 2024

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petitioner and also from the material produced before the court, it is seen that the petitioner and the complainant had married in a temple. The grievance of the complainant was that the petitioner was refusing to register their marriage and on the other hand he used to abuse and assault her. Considering the nature of allegations made in the complaint, this Court had granted interim bail to the petitioner on 08.02.2024.

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Learned counsel for the petitioner has today produced before the Court the marriage certificate of the petitioner and the complainant which reflects that the marriage of the petitioner with the complainant was registered on 19.02.2024. It is not in dispute that the petitioner has not violated the interim bail conditions imposed by this Court and he has no criminal antecedents. Under the circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:

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NC: 2024:KHC-D:4145 CRL.P No. 100268 of 2024

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ORDER

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Petition is allowed. The petitioner is directed to be

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enlarged on bail in Crime No.210/2023 registered by

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Halageri police station, Haveri district for the offences punishable under Sections 354(A), 376(2)(n), 313, 323,

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504 and 506 of IPC, subject to the following conditions:

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i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court;

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ii. 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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iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iv. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said

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NC: 2024:KHC-D:4145 CRL.P No. 100268 of 2024

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Court until the case registered against him is disposed off.

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Sd/JUDGE

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KGK CT:GSM List No.: 1 Sl No.: 12

Arun S/O Bhairappa A.K. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Arun S/O Bhairappa A.K. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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