Allowed

Bharat Rao v. State by

Karnataka HC23 Nov 2024CRL.P/10853/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by accused in a rape case based on allegations of sexual intercourse on a promise to marry. Court noted the complainant was married and her marriage undissolved, making the allegation prima facie difficult to believe; bail granted with conditions.

What did the court decide?

Anticipatory bail granted: release on arrest on personal bond of Rs.1,00,000 with two sureties, subject to conditions of appearance, cooperation and non-tampering.

Bharat Rao Vs State by — Anticipatory Bail | Karnataka HC (2024)

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1 - NC: 2024:KHC:47784 CRL.P No. 10853 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF NOVEMBER, 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. 10853 OF 2024

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BETWEEN:

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BHARAT RAO

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S/O LATE SHANKAR RAO AGED ABOUT 28 YEARS R/O SASIVEGUNTE VILLAGE HIREDODDAVADI POST URDIGERE HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572 140.

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…PETITIONER

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(BY SRI. MADHU .C.S, ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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STATE BY WOMEN POLICE STATION TUMKURU REPRESENTED BY THE STATE SPP HIGH COURT OF KARNATAKA BENGALURU-560 001.

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…RESPONDENT

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(BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS APPLICATION AND DIRECT THE RESPONDENT POLICE THAT THE PETITIONER BE RELEASED ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.67/2024 OF WOMEN P.S., TUMAKURU, FOR AN OFFENCES P/U/S 376, 312, 323, 417, 504, 506 R/W SECTION 34 OF IPC, ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMKUR.

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NC: 2024:KHC:47784 CRL.P No. 10853 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No.67/2024 registered by

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Tumakuru Women Police Station, Tumakuru for the offence punishable under Sections 376, 312, 323, 417, 504 & 506 r/w 34 of IPC, is before this Court under Section 482 of BNSS 2023, seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.67/2024 was registered by

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Tumakuru Women Police Station, Tumakuru against the petitioner and another for the aforesaid offences on the basis of the first information dated 30.03.2024 received from Victim lady, aged about 24 years. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.1363/2024 before the Jurisdictional Sessions Court, which was rejected on 20.09.2024. Therefore, he is before this Court

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3 - NC: 2024:KHC:47784 CRL.P No. 10853 of 2024

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Learned counsel for the petitioner submits that

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first informant is a married lady and therefore, prima facie the allegations found in the first information that the petitioner had sexual intercourse with her with a promise to marry her is false. He also submits that first informant had already approached the police earlier in the month of February-2024 and she has been demanding huge amount from the petitioner. Only for the reason that he has refused to pay her the amount demanded, she has filed a false complaint against him. The petitioner is ready and willing to co-operate with the police for the purpose of the investigation. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the bail petition and prays to dismiss the petition.

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Perusal of the averments made in the first information would reveal that the victim lady is married to one Ramakrishna and it appears that she had left his company and was living separately. Subsequently she got acquainted with the petitioner and they started to move

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4 - NC: 2024:KHC:47784 CRL.P No. 10853 of 2024

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together and the petitioner allegedly had informed her that he was in love with her and he also allegedly asked her to divorce her husband and to marry him. Allegation against the petitioner is that with a promise to marry her, he had sexual intercourse with her multiple times and as a result, she had conceived. It is further alleged that after the petitioner was informed by first informant that she was pregnant, he allegedly abused her and therefore, the first informant had approached Tumakuru Women Police Station on 12.02.2024 and submitted a complaint. The petitioner allegedly was summoned to the police Station and he had undertaken that he will not trouble the victim lady and he will marry her.

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The allegation in the present complaint is that inspite of such an undertaking the petitioner has failed to marry the victim lady. Undisputedly, the victim is a married lady and her marriage with Ramakrishna is not dissolved. Therefore, the allegation made against the petitioner that he had promised to marry the victim lady

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5 - NC: 2024:KHC:47784 CRL.P No. 10853 of 2024

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and he had sexual intercourse with her prima facie becomes difficult to be believed.

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In addition to the same, the victim lady had already approached the police earlier in the month of February-2024 with similar allegations. Undisputedly, the petitioner has no other criminal antecedents. Considering the nature of allegations found as against the petitioner made by a married lady whose marriage is not yet dissolved, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively.

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9. Accordingly, the following:

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ORDER

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The Criminal Petition is allowed.

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The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.67/2024 registered by Tumakuru Women Police Station, Tumakuru for the offence punishable under Sections 376, 312, 323, 417, 504 & 506 r/w 34 of IPC, subject to the following conditions:

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6 - NC: 2024:KHC:47784 CRL.P No. 10853 of 2024

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a. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (one lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer.

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b. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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c. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.

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d. The petitioner shall not involve in similar offences in future.

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SD/-

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(S VISHWAJITH SHETTY) JUDGE

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ASN List No.: 1 Sl No.: 21

Bharat Rao v. State by

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Bharat Rao v. State by

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