Allowed

Pillan Jinappa v. the State of Karnataka

Karnataka HC4 Sept 2024CRL.A/1375/2024

Case brief

AI extract

What is this about?

Appeal against rejection of bail in a rape and caste-atrocity case arising from a long relationship and alleged broken marriage promise. Noting the accused was arrested, investigated and charge-sheeted, and that allegations were matters for trial, the High Court set aside the Sessions Judge's order and granted bail with conditions.

What did the court decide?

Regular bail granted: Rs.50,000 personal bond with two sureties, proof of residence, no tampering with witnesses or victim, appearance before trial court on all dates.

Pillan Jinappa Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:36073 CRL.A No. 1375 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1375 OF 2024

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BETWEEN:

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PILLAN JINAPPA SON OF LATE NARAYANAPPA, AGED ABOUT 42 YEARS, R/O BASHETTAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. BENGALURU - 561203. PRESENTLY IN CENTRAL PRISON.

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…APPELLANT

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(BY SRI. SARAVANA S., ADVOCATE)

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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AND:

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THE STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION, 4TH A CROSS ROAD, HOUSING COLONY, BANGALORE - 560073. REPT BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE - 560001.

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NC: 2024:KHC:36073 CRL.A No. 1375 of 2024

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2. MANGALAMMA

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W/O MANJUNATH, AGED ABOUT 42 YEARS, R/O 28/4, NEAR MARAMMA TEMPLE, BAGALGUNTE, BENGALURU - 561203.

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…RESPONDENTS

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(BY SRI.RAHUL RAI.K. HCGP FOR R-1,

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R-2 SERVED & UNREPRESENTED)

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THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO

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a) SET ASIDE THE ORDER IN CRL.MISC.NO.5712/2024 DATED 08.07.2024 PASSED BY THE LEARNED LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71)

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b) ALLOW THIS APPEAL ENLARGING THE APPELLANT ON REGULAR BAIL IN (CR.NO.226/2024, DATED 08.06.2024 AT BAGALAGUNTE POLICE STATION) FOR THE OFFENCE P/U/S 376, 323, 504, 506 OF IPC R/W SEC. 3(1)(r), 3(1)(s), 3(2)(5) OF SC/ST (POA) AMENDMENT ACT, 2015, PENDING ON THE FILE OF THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-71.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2024:KHC:36073 CRL.A No. 1375 of 2024

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL JUDGMENT

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Heard the learned counsel for the appellant and learned High Court Government Pleader for the State and perused the material on record.

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Respondent No.2/de-facto complainant is served, but unrepresented.

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Appellant is an accused in Crime No.226/2024 of Bagalgunte Police Station, Bengaluru, registered for the offences punishable under Sections 376, 323, 504 and 506

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of IPC read with Sections 3(1)(r), 3(1)(s), 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014.

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It is alleged that the appellant herein by inducing the complainant that he will marry her, developed physical intimacy and later, refused to marry and also abused her in filthy language insulting her caste, assaulted and threatened her etc.

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As per the complaint averments, when the accused

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had come to Bagalagunte for doing Mason work, he got

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4 - NC: 2024:KHC:36073 CRL.A No. 1375 of 2024

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acquainted with the victim and both of them developed physical intimacy and it is alleged that on 30.05.2024, the appellant came to the house of the victim and committed rape on her assuring that he will marry her.

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As per the statement of objections filed by the learned Public Prosecutor before the trial Court, accused was residing with the victim and he had physical intimacy with her for four years. However, he later contacted some other lady and left the victim.

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In her statement recorded under Section 164 of Cr.P.C., victim has stated that both of them were in love with each other for the last seven years.

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Admittedly, the victim is a major aged about 42 years. The material on record shows that the victim and the accused knew each other for several years. The allegations that the accused had promised to marry the victim and later, refused to marry and then, abused her etc., is a matter which has to be established during trial.

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The prosecution has to prove the ingredients of the

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offence alleged against the accused. The rejection of the bail petition by the learned Sessions Judge is therefore, liable to be set aside. Accused has been arrested and interrogated. He is in custody. The investigation is completed and charge-sheet is also filed.

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In the above facts and circumstances, appeal deserves to be allowed. Accordingly, the following:

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ORDER

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i) Appeal is allowed .

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ii) The Order dated 08.07.2024 passed by the

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Court of LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, in Crl.Misc.No.5712/2024 is set aside.

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iii) Appellant/accused in Crime No.226/2024 of Bagalagunte Police Station, Bengaluru city, is directed to be released on bail subject to following conditions:

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